Case C-299/06: 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, freedom to provide services, insurance, national implementing measure, reinsurance, right of establishment

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

2.9.2006

EN

Official Journal of the European Union

C 212/25

Form of order sought

Pleas in law and main arguments

— 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 Directive
2002/92/EC (1) of
the
Council of 9 December 2002 on insurance mediation, the
Hellenic Republic has failed to fulfil its obligations under
Article 16 of that directive;

the European Parliament and of

— 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 14 January 2005.

(1) OJ L 9, 15.1.2003, p. 3.

The period prescribed for transposing Directive 2004/26/EC
into national law expired on 20 May 2005.

(1) OJ L 146, p. 1.

Action brought on 20 July 2006 — Commission of the
European Communities v Kingdom of Spain

(Case C-317/06)

(2006/C 212/43)

Language of the case: Spanish

Action brought on 19 July 2006 — Commission of the
European Communities v Italian Republic

Parties

(Case C-313/06)

(2006/C 212/42)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and D. Recchia, Agents)

Defendant: Italian Republic

Form of order sought

the European Parliament and of

— Declare by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive
2004/26/EC (1) of
the
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of
the Member States
relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to
be installed in non-road mobile machinery or, in any case,
by failing to communicate such measures to the Commis-
sion, the Italian Republic has failed to fulfil its obligations
under Article 3(1) of that directive.

the laws of

— Order the Italian Republic to pay the costs of the proceed-

ings.

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/14/EC of the European Parliament and of the
Council of 11 March 2002 establishing a general frame-
work for informing and consulting employees in the Euro-
pean Community (1) and,
in any event, by failing to
communicate them to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/14/EC
into domestic law expired on 23 March 2005.

(1) OJ 2002 L 80, p. 29.