Case C-297/06: Action brought on 4 July 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-09-02
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, disease prevention, foot-and-mouth disease, national implementing measure, veterinary legislation

C 212/24

EN

Official Journal of the European Union

2.9.2006

Pleas in law and main arguments

Action brought on 4 July 2006 — Commission of the
European Communities v Hellenic Republic

The Commission has received numerous complaints concerning
the rejection by the competent Spanish authorities of applica-
tions for recognition of the professional qualification of engi-
neer obtained in Italy for the purpose of exercising in Spain the
profession of Road, Canal and Port Engineer.

(Case C-297/06)

(2006/C 212/40)

Language of the case: Greek

Under Article 3 of Directive 89/48/EEC the Spanish authorities
are required to allow any national of a Member State who
holds the diploma required for pursuing a regulated profession
in another Member State to take up and pursue that profession.
According to the facts set out by the Commission,

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Tserepa-Lacombe and I. Khatzigiannis, acting as
Agents)

(1) the profession of Road, Canal and Port Engineer is a regu-

lated profession in Spain;

(2) the complainants are nationals of a Member State;

(3) the diploma required in Italy for taking up the profession
of engineer is the Diploma de Laurea in Ingegneria Civile
together with the Abilitazione all'esercizio della professione
di
ingegnere. The complainants hold both qualifications
and are therefore entitled to pursue the profession of engi-
neer in Italy; and

(4) the combined qualification composed of

the Laurea in
Ingegneria Civile and the Abilitazione all'esercizio della
professione di ingegnere meets all the requirements of the
definition of 'diploma' in Article 1(a) of the Directive.

Consequently, the Spanish authorities were required to allow
the complainants to take up the profession of Road, Canal and
Port Engineer. By refusing them access to the profession, the
Kingdom of Spain has failed to fulfil
its obligations under
Article 3 of the Directive.

It is also apparent from the facts stated by the Commission that
the Spanish authorities make participation in the internal
exams for promotion in the civil service where possession of
the diploma of engineer is required subject,
in the case of
diplomas acquired outside Spain, to their being ‘approved’, that
is to say, recognised as academically equivalent to a Spanish
diploma. That requirement makes it more difficult to achieve
promotion within the service, and hence to pursue the profes-
sion of engineer, for nationals of a Member State who hold the
professional diploma required in another Member State, and is
also contrary to Article 3 of the Directive.

Defendant: Hellenic Republic

Form of order sought

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Council Direc-
tive 2003/85/EC (1) of 29 September 2003 on Community
measures
foot-and-mouth disease
repealing Directive 85/511/EEC and Decisions 89/531/EEC
and 91/665/EEC and amending Directive 92/46/EEC, the
Hellenic Republic has failed to fulfil its obligations under
that directive;

control of

the

for

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 30 June 2004.

(1) OJ L 306, 22.11.2003, p. 1.

Action brought on 4 July 2006 — Commission of the
European Communities v Hellenic Republic

(Case C-299/06)

(2006/C 212/41)

Language of the case: Greek

(1) OJ 1989 L 19, p. 16.

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and N.Yerrell)

Defendant: Hellenic Republic