Case C-314/07: Action brought on 6 July 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-08-25
Institutions: Court of Justice
Subjects: EU Member State, European Economic Area, Portugal, action for failure to fulfil an obligation, administrative competition, discrimination on the basis of nationality, free movement of workers, teacher

C 199/24

EN

Official Journal of the European Union

25.8.2007

Pleas in law and main arguments

The Commission considers that the professional activity of phar-
macist specialising in medical biology is a regulated profession,
within the scope of Directive 89/48. The Portuguese transposing
legislation is restricted in its application to those professions
which are specified in a list. Since the profession of pharmacist
specialising in medical biology is not specified in that list, the
Portuguese Republic has failed to fulfil all of its obligations
under Directive 89/48.

also to Portuguese citizens resident in other areas of Portugal.
The concept of discrimination covers not only manifest discri-
mination on grounds of nationality, but also all measures which
by applying other differentiating criteria lead in fact to the same
result.

The Commission submits that the argument of the Portuguese
authorities, that if the candidate has a connection to the Auto-
nomous Region of the Azores the candidate may be thought
inclined to remain in the region, cannot be considered an objec-
tive factor which justifies the restriction in question on the
appointment of candidates in external competitions.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded on
completion of professional education and training of at least three
years' duration (OJ 1989, L 19, p. 16).

(1) OJ, English Special Edition 1968 (II), p. 475.

Action brought on 6 July 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-314/07)

(2007/C 199/38)

Language of the case: Portuguese

Order of the President of the Court of 13 June 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-172/06) (1)

(2007/C 199/39)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and P. Costa de Oliveira, Agents)

The President of
removed from the register.

the Court has ordered that

the case be

Defendant: Portuguese Republic

Form of order sought

— Declare that the Portuguese Republic has failed to fulfil its
obligations under Article 39 EC and Article 3(1) of Regu-
lation (EEC) No 1612/68 of the Council (1) on freedom of
movement for workers within the Community by providing
that for the purposes of determining the ranking of candi-
dates in external competitions for teaching staff
in the
Autonomous Region of the Azores priority is to be given to
candidates who fall under Article 25(7)(a) of the Regula-
mento de Concurso (Competition regulation) adopted by
Decreto Legislativo Regional
(Regional Legislative Decree)
No 27/2003/A of 9 June 2003;

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

to determine the ranking of

The criteria for priority laid down in Article 25(7) of
the
Regional Legislative Decree No 27/2003/A of 9 June 2003 in
order
to be
appointed to posts in schools and teaching establishments in the
Autonomous Region of the Azores for a period of not less than
3 years constitute discrimination on grounds of nationality,
contrary to the provisions of Community law on freedom of
movement for workers, irrespective of the fact that they apply

the candidates

(1) OJ C 131, 3.6.2006.

the President of

Order of
the Court of 5 June 2007
(reference for a preliminary ruling from the Court of
Appeal — United Kingdom ) — British Telecommu-
nications plc, The Queen v The Commissioners of
Her Majesty's Revenue and Customs

(Case C-185/06) (1)

(2007/C 199/40)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 154, 1.7.2006.