Case C-271/05: Reference for a preliminary ruling from the Consiglio di Stato by order of that court of 18 January 2005 in (1) Francesco Rauty v Ministero per i Beni Culturali e Ambientali and Soprintendenza B.A.A. di Firenze, Prato e Pistoia; intervener: Consiglio Nazionale degli Ingegneri; and (2) Ordine degli Ingegneri della Provincia di Pistoia v Francesco Rauty and Ministero per i Beni e le Attività Culturali; intervener: Consiglio Nazionale degli Ingegneri
Date: 2005-09-17
Institutions: Court of Justice
Subjects: interpretation of the law, professional qualifications, recognition of diplomas, town-planning profession

C 229/6

EN

Official Journal of the European Union

17.9.2005

Pleas in law and main arguments

The Commission complains that the Hellenic Republic did not
transpose correctly into its national legal system the provisions
of Regulation No 4055/86, as interpreted by the Court of
(2) Case C-18/93
Justice (Case C-381/93 Commission v France,
Corsica Ferries Italia, (3) and Case C-435/00 Geha Naftiliaki (4)).

(2) Have the provisions of Articles 10 and 11 cited above
recognised the equivalence of the two diplomas (in archi-
tecture and civil engineering) only to the extent that both
to
allow access to the profession of architect subject
successful completion of a special examination giving enti-
tlement to pursue the profession of architect?

(1) OJ L 223 of 21.08.1985, p. 15.

(1) OJ L 378 of 31.12.1986, p. 1.
(2) [1994] ECR I-5145.
(3) [1998] ECR I-1783.
(4) [2002] ECR I-10615.

Action brought on 4 July 2005 by the Commission of the
European Communities against the Hellenic Republic

Reference for a preliminary ruling from the Consiglio di
Stato by order of that court of 18 January 2005 in (1)
Francesco Rauty v Ministero per i Beni Culturali e
Ambientali and Soprintendenza B.A.A. di Firenze, Prato e
Pistoia;
intervener: Consiglio Nazionale degli Ingegneri;
and (2) Ordine degli Ingegneri della Provincia di Pistoia v
Francesco Rauty and Ministero per i Beni e le Attività
Culturali; intervener: Consiglio Nazionale degli Ingegneri

(Case C-274/05)

(2005/C 229/13)

(Language of the case: Greek)

(Case C-271/05)

(2005/C 229/12)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Consiglio di Stato (Italy) of
18 January 2005, received at the Court Registry on 30 June
2005, for a preliminary ruling in the proceedings between (1)
Francesco Rauty against Ministero per
i Beni Culturali e
Ambientali and Soprintendenza B.A.A. di Firenze, Prato e
Pistoia; intervener: Consiglio Nazionale degli Ingegneri; and (2)
Ordine degli Ingegneri della Provincia di Pistoia against Fran-
cesco Rauty and Ministero per i Beni e le Attività Culturali;
Ingegneri on the
intervener: Consiglio Nazionale degli
following questions:

(1) Are ‘laurea in architettura’ diplomas and ‘laurea in ingeg-
neria civile’ diplomas awarded by Italian universities and
university institutes to be regarded as equivalent in respect
of Italy, as provided for in Articles 10 and 11 of Directive
85/384/EEC of 10 June 1985, (1) so that graduates in civil
engineering with the relevant qualification are entitled to
pursue the profession of architect and therefore to carry
out all the tasks and assignments which any internal provi-
sions of the State allow only the architects' profession to
perform; or

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 4 July 2005
by the Commission of the European Communities, represented
by Georgios Zavvos and Hans Støvlbæk, members of its Legal
Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that:

— by failing to recognise the diplomas awarded by the
competent authorities of another Member State in the
context of studies on a franchise basis, under licence,

— by providing for

the imposition of compensatory
measures in more cases than those allowed by the direc-
tive,

— by entrusting to the Council for the Recognition of
Professional Equivalence of Higher-Education Titles
examination as to whether ‘the educational establish-
ment in which the applicant received his professional
education and training should be classified as higher
education’ and whether ‘the applicant has the necessary
professional experience, in a case where the duration of
the education falls short by at least one year from that
required in Greece in order to exercise that profession’,