Case C-43/06: Judgment of the Court (Sixth Chamber) of 24 May 2007 — Commission of the European Communities v Republic of Portugal (Failure by a Member State to fulfil its obligations — Directive 85/384/EEC — Architects — Mutual recognition of diplomas, certificates and other evidence of formal qualifications — Requirement to sit an entrance exam for the institute of architects)
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Portugal, access to a profession, action for failure to fulfil an obligation, architecture, recognition of diplomas

C 155/4

EN

Official Journal of the European Union

7.7.2007

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 296, 26.11.2005.

Judgment of the Court (Fifth Chamber) of 24 May 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-394/05) (1)

(Failure of a Member State to fulfil its obligations — Directive
2000/53/EC — End-of-life vehicles — Articles 3(5), 5(1),
7(2) and 8(3) and (4) — Defective transposition)

(2007/C 155/05)

Language of the case: Italian

Judgment of the Court (Sixth Chamber) of 24 May 2007 —
Commission of the European Communities v Republic of
Portugal

(Case C-43/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 85/384/EEC — Architects — Mutual recognition of
diplomas, certificates and other evidence of formal qualifica-
tions — Requirement to sit an entrance exam for the institute
of architects)

(2007/C 155/06)

Language of the Case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and P. Guerra e Andrade,acting as
Agents)

Defendant: Republic of Portugal (represented by: L. Fernandes,
Agent)

Parties

Re:

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

Defendant: Italian Republic (represented by: I.M. Braguglia and
P. Gentili, Agents)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 2, 3, 4, 5, 6, 7, 8, 10 and 12 of Directive
2000/53/EC of the European Parliament and of the Council of
18 September 2000 on end-of-life vehicles (OJ 2000 L 269,
p. 34)

Operative part of the judgment

The Court:

1. Declares that, by adopting Legislative Decree No 209 of 24 June
2003 transposing into national
law the provisions of Directive
2000/53/EC of the European Parliament and of the Council of
18 September 2000 on end-of-life vehicles in a manner contrary
to that directive, the Italian Republic has failed to fulfil its obliga-
tions under Article 3(5), Article 5(1), the second subparagraph of
Article 7(2)(a) and Article 8(3) and (4) of that Directive;

Failure by a Member State to fulfil its obligations — Infringe-
ment of Articles 2 and 10 of Council Directive 85/384/EEC of
10 June 1985 on the mutual recognition of diplomas, certifi-
cates and other evidence of formal qualifications in architecture,
including measures to facilitate the effective exercise of the right
of establishment and freedom to provide services (OJ 1985 L
223, p. 15) — Requirement to pass an entrance exam for the
institute of architects in the host State, in order to carry on the
profession of architect, for architects from other Member States
who are not enrolled with their respective national institute of
architects.

Operative part of the judgment

The Court:

1. Declares that, by requiring holders of professional qualifications in
architecture conferred by other Member States to sit an entrance
exam for the Portuguese Institute of Architects if they were not
enrolled in the institute of architects in another Member State, the
Republic of Portugal has failed to fulfil its obligations under Arti-
cles 2 and 10 of Council Directive 85/384/EEC of 10 June 1985
certificates and other
on the mutual
evidence of formal qualifications in architecture, 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 Parliament and the Council of 14 May 2001;

recognition of diplomas,

2. Orders the Italian Republic to pay the costs.

2. Orders the Republic of Portugal to pay the costs.

(1) OJ C 22, 28.1.2006.

(1) OJ C 86, 8.4.2006.