Case C-164/05: Judgement of the Court (Sixth Chamber) of  8 June 2006  — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Directive 2001/19/EC — General system for the recognition of professional qualifications — Mutual recognition of diplomas, certificates and other qualifications — Nurse, dentist, veterinary surgeon, midwife, architect, pharmacist and doctor — Failure to transpose within the prescribed period)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, health care profession, recognition of vocational training qualifications

C 178/8

EN

Official Journal of the European Union

29.7.2006

Article 13A(1)(b) and (2)(a) of
that directive does not preclude
national legislation which makes the exemption of such medical tests
subject to conditions which, first, do not apply to the exemption of
care provided by the general practitioners who prescribed them and,
second, are different from those applicable to closely related activities
to medical care within the meaning of the first-mentioned provision.

Article 13A(1)(b) of the same directive precludes national legislation
which makes the exemption of medical tests carried out by a labora-
tory governed by private law outside a centre for treatment subject to
the condition that
they be carried out under medical supervision.
However, that provision permits such legislation to make the exemp-
tion of those tests subject to the condition that at least 40 % of those
services must be intended for persons insured by a social security
authority.

(1) OJ C 115, 14.5.2005.

85/432/EEC,

78/1027/EEC,

80/155/EEC,
78/1026/EEC,
85/384/EEC,
93/16/EEC
concerning the professions of nurse responsible for general
care, dental practitioner, veterinary surgeon, midwife, architect,
pharmacist and doctor (OJ 2001 L 206, p. 1)

80/154/EEC,

85/433/EEC

and

Operative part of the judgement

The Court:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to transpose Articles 1 to 4
and 9 to 13 of Directive 2001/19/EC of the European Parlia-
ment and of the Council 14 May 2001 amending Council Direc-
tives 89/48/EEC and 92/51/EEC on the general system for the
recognition of professional qualifications, and Council Directives
77/452/EEC,
78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC on
the professions of nurse responsible for general care, dental practi-
tioner, veterinary surgeon, midwife, architect, pharmacist and
doctor,
its obligations
under that directive.

the French Republic has failed to fulfil

77/453/EEC,

78/686/EEC,

Judgement of the Court (Sixth Chamber) of 8 June 2006
— Commission of the European Communities v French
Republic

2. Orders the French Republic to pay the costs.

(Case C-164/05) (1)

(1) OJ C 115, 14.5.2005.

(Failure of a Member State to fulfil obligations — Directive
2001/19/EC — General system for the recognition of profes-
sional qualifications — Mutual recognition of diplomas,
certificates and other qualifications — Nurse, dentist, veter-
inary surgeon, midwife, architect, pharmacist and doctor —
Failure to transpose within the prescribed period)

(2006/C 178/12)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and H. Støvlbæk, Agents)

Defendant: French Republic (represented by: G. De Bergues and
C. Bergeot-Nunes, Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt
the measures necessary to comply with Directive
2001/19/EC of the European Parliament and of the Council of
14 May 2001 amending Council Directives 89/48/EEC and
92/51/EEC concerning the general system for the recognition
Council Directives
of
78/687/EEC,
77/452/EEC,

qualifications,

77/453/EEC,

78/686/EEC,

professional

and

Judgement of the Court (Third Chamber) of 1 June 2006
(reference for a preliminary ruling from the Cour de cassa-
tion, Belgium) — Uradex SCRL v Union Professionnelle de
la Radio et de la Télédistribution (RTD), Société Intercom-
munale pour la Diffusion de la Télévision (BRUTELE)

(Case C-169/05) (1)

(Copyright and related rights — Directive 93/83/EEC —
Article 9(2) — Scope of the powers of a collecting society
deemed to be mandated to manage the rights of a copyright
owner or holder of related rights which has not transferred
the management of his rights to it — Exercise of the right to
grant or refuse permission to a cable operator to retransmit a
programme by cable)

(2006/C 178/13)

Language of the case: French

Referring court

Cour de cassation