Case C-84/07: Action brought on 15 February 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, paramedical profession, recognition of diplomas, vocational training

28.4.2007

EN

Official Journal of the European Union

C 95/21

in the alternative:

declare that by failing to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Commission Directive 2005/28/EC of
8 April 2005 laying down principles and detailed guidelines
for good clinical practice as regards investigational medicinal
products for human use, as well as the requirements for
authorisation of the manufacturing or importation of such
products, the Grand-Duchy of Luxembourg has failed to
fulfil its obligations under Article 31 of that directive;

— order the Grand-Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2005/28/EC expired on
29 January 2006.

(1) OJ 2005 L 91, p. 13.

basis of a franchise agreement is not relevant for the purposes
of
its recognition by the Greek authorities. Directive 92/51
makes no such distinction. The Commission also states that the
present dispute does not concern Articles 149 and 150 EC, or
Article 16 of the Greek Constitution, in that the diplomas have
been lawfully issued by Italian educational establishments, not
by Greek establishments with which the former have concluded
franchise agreements for the award of qualifications.

the refusal of

the Greek authorities to
On those grounds,
consider and to recognise those Italian diplomas constitutes an
infringement of Articles 3 and 12 of Directive 92/51. Further-
in the Commission's submission, and as is clear from
more,
the Greek authorities required the
substantiated complaints,
the optical
complainants who applied for
diploma obtained in Italy to undergo a conversion course. The
Commission maintains that such a course infringes Article 4(1)
(b) of Directive 92/51, pursuant to which the Greek authorities
must allow foreign applicants to choose between the conversion
course and an aptitude test.

recognition of

(1) OJ L 209, 24.7.1992, p. 25.

Action brought on 15 February 2007 — Commission of
the European Communities v Hellenic Republic

(Case C-84/07)

(2007/C 95/37)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and H. Støvlbæk, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

Action brought on 15 February 2007 — Commission of
the European Communities v Italian Republic

(Case C-85/07)

(2007/C 95/38)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Recchia, acting as Agents)

The applicant claims that the Court should:

Defendant: Italian Republic

— declare that, by the acts specified hereunder, the Hellenic
Republic has failed to fulfil its obligations under Articles 3,
4(1)(b) and 12 of Council Directive 92/51/EEC of 18 June
1992 on a second general system for the recognition of
professional education and training to supplement Directive
89/48/EEC (1);

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

According to the Commission, the Hellenic Republic refuses to
consider and to recognise certain optical diplomas issued by an
Italian educational establishment on the basis of a franchise
agreement concluded with a Greek educational establishment.

The Commission states that
the Greek
authorities can determine is whether or not the diploma gives
the question
access to the profession concerned and that
whether or not the diploma in question has been issued on the

the basic issue that

Forms of order sought

The applicant claims that the Court should:

— declare that, in respect of the pilot river basin district of the
River Serchio and the river basin districts of the Eastern
Alps and the Northern, Central and Southern Appennines,
the Italian Republic has failed to fulfil its obligations under
Articles 5(1) and 15(2) of Directive 2000/60/EC of
the
European Parliament and of
the Council of 23 October
2000 establishing a framework for Community action in the
field of water policy (1), in so far as it has failed:

— to submit summary reports of

the analyses required
under Article 5, as provided for in Article 15(2) of
Directive 2000/60/EC, and

— to undertake the analyses and the review provided for in

Article 5(1) of that Directive;