Case C-186/08: Reference for a preliminary ruling from the Administrative Court of Appeal, Thessaloniki (Greece) lodged on 28 April 2008 — Maria Kastrinaki v A.KH.E.P.A. University Hospital, Thessaloniki
Date: 2008-04-28
Institutions: Court of Justice
Subjects: EU national, Greece, interpretation of the law, recognition of diplomas

C 171/26

EN

Official Journal of the European Union

5.7.2008

corresponding to the qualification, purely on the ground
that, although it was awarded by an authority in the Member
State of origin,
it was awarded at the end of a course of
which part was completed, under a franchising agreement, at
an institution in the host Member State which, although
operating freely in the host Member State, is not recognised
as an educational establishment in that State under the rele-
vant general provision of its legislation?

2. Is it open to the competent authorities, for the purposes of
the provisions of Directive 89/48/ΕEC, as transposed into
Greek law by Joint Ministerial Decision No Α4/4112/247/
1992, interpreted in the light of Article 39(1), the first para-
graph of Article 40, Articles 43, 47(1), 49 and 55 of the
Treaty establishing the European Community,
to prevent
nationals of a Member State employed by a legal person
governed by public law, under a contract of employment of
unlimited duration governed by private law, who have been
granted a professional licence in accordance with the provi-
sions of Directive 89/48/ΕEC, as transposed into Greek law
by Joint Ministerial Decision No Α4/4112/247/1992, from
exercising professional rights which derive from the profes-
the academic
sional
equivalence of their educational qualification has not been
recognised?

licence issued, on the ground that

Article 40, Articles 43, 47(1), 49 and 55 of the Treaty estab-
lishing the European Community, to prevent a national of a
Member State, the holder of a diploma falling within the scope
of Directive 89/48/EEC, who is employed by a legal person
governed by public law, under a contract of employment of
unlimited duration governed by private law, and who has been
granted a licence by the competent authorities of the original
Member State to use a professional title and by the competent
authorities of the host Member State to practice the profession,
in accordance with the provisions of Directive 89/48/ΕEC, as
transposed into Greek law by Joint Ministerial Decision
No Α4/4112/247/1992, from progressing in career and salary
by way of a permanent appointment in a fixed post as a civil
servant in the university-education level grade and salary scale,
on the ground that recognition of the academic equivalence of
the university educational qualification from the original
Member State is not possible, since part of the studies were
completed in the host Member State under a franchising agree-
ment with a private educational organisation which is not recog-
nised in that Member State as an educational establishment?

Action brought on 7 May 2008 — Commission of the
European Communities v Kingdom of the Netherlands

Reference for a preliminary ruling from the Administrative
Court of Appeal, Thessaloniki (Greece) lodged on 28 April
2008 — Maria Kastrinaki v A.KH.E.P.A. University
Hospital, Thessaloniki

(Case C-186/08)

(2008/C 171/39)

Language of the case: Greek

Parties

(Case C-190/08)

(2008/C 171/40)

Language of the case: Dutch

Referring court

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, acting as
Agents)

Administrative Court of Appeal, Thessaloniki

Defendant: Kingdom of the Netherlands

Parties to the main proceedings

Applicant: Maria Kastrinaki

Defendant: A.KH.E.P.A. University Hospital, Thessaloniki

Question referred

Is it open to the competent authorities, for the purposes of the
provisions of Directive 89/48/ΕEC, as transposed into Greek law
by Joint Ministerial Decision No Α4/4112/247/1992,
inter-
the first paragraph of
preted in the light of Article 39(1),

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted, or in any event by not communi-
cating such measures to the Commission, the Kingdom of
the Netherlands has failed to fulfil its obligations under that
directive;

— order the Kingdom of the Netherlands to pay the costs.