Judgment of the Court (First Chamber) of  27 October 2005  in Case C-437/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directives 78/686/EEC and 78/687/EEC — Dental practitioners)
Date: 2005-12-24
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, recognition of diplomas, right of establishment

C 330/4

EN

Official Journal of the European Union

24.12.2005

JUDGMENT OF THE COURT

3. Orders the Republic of Austria and the Commission of the Euro-

pean Communities to bear their own costs.

(First Chamber)

of 27 October 2005

(1) OJ C 304 of 13. 12. 2003.

in Case C-437/03: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Directives
78/686/EEC and 78/687/EEC — Dental practitioners)

(2005/C 330/07)

(Language of the case: German)

In Case C-437/03, action under Article 226 EC for failure to
fulfil obligations, brought on 16 October 2003, Commission of
the European Communities (Agents: C. Schmidt, C. Tufvesson
and A. Manville) v Republic of Austria (Agent: E. Riedl) — the
Court (First Chamber), composed of P. Jann, President of the
Chamber, K. Schiemann (Rapporteur), N. Colneric, K. Lenaerts
and E. Juhász, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, gave a judgment on 27 October 2005, in which it:

1. Declares that, by allowing dentists (‘Dentisten’) under Paragraphs

4(3) and 6 of the Law on Dentists (Dentistengesetz)

— to engage in their occupation under the title ‘Zahnarzt’ (dental
(dental practitioner

‘Zahnarzt

(Dentist)’

or

practitioner)
(dentist)), and

JUDGMENT OF THE COURT

(Second Chamber)

of 27 October 2005

in Case C-525/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — National
rules ceasing to have any legal effect before the expiry of the
period laid down in the reasoned opinion — Inadmissibility
of the action)

(2005/C 330/08)

(Language of the case: Italian)

— to make use of the exception laid down in Article 19b of
Council Directive 78/686/EEC of 25 July 1978 concerning
the mutual recognition of diplomas, certificates and other
evidence of
formal qualifications of practitioners of
dentistry, including measures to facilitate the effective exercise
of the right of establishment and freedom to provide services,
as amended by Directive 2001/19/EC of the European Parlia-
ment and of the Council of 14 May 2001,

the

although they do not meet the minimum requirements under
Article 1 of Council Directive 78/687/EEC of 25 July 1978
concerning the coordination of provisions laid down by law,
regulation or administrative action in respect of the activities
of dental practitioners, as amended by Directive 2001/19, to
be covered by the rules under those directives,

In Case C-525/03 Commission of the European Commu-
nities (Agents: X. Lewis, C. Loggi and K. Wiedner) v Italian
lawyer) —
Republic (Agent: I. M. Braguglia and G. Fiengo,
action for failure to fulfil obligations under Article 226 EC,
brought on 16 December 2003 — the Court
(Second
Chamber), composed of C. W. A. Timmermans, President of
the Chamber,
J. Makarczyk (Rapporteur), C. Gulmann, R.
Schintgen and J. Klučka, Judges; F. G. Jacobs, Advocate General;
L. Hewlett, Principal Administrator for the Registrar, gave a
judgment on 27 October 2005, in which it:

1. Dismisses the action as inadmissible;

2. Orders the Commission of the European Communities and the

Italian Republic to bear their own costs.

the Republic of Austria has failed to fulfil its obligations under
Articles 1 and 19b of Directive 78/686 and Article 1 of Direc-
tive 78/687;

(1) OJ C 59 of 06.03.2004

2. Dismisses the remainder of the application;