Case C-39/07: Judgment of the Court (Second Chamber) of 8 May 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 89/48/EEC — Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration — National legislation not providing for the recognition of diplomas allowing access to the profession of hospital pharmacist — Failure to transpose the directive)
Date: 2008-05-08
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, health care profession, pharmacist, professional experience, recognition of diplomas, vocational training

C 158/6

EN

Official Journal of the European Union

21.6.2008

instituting the proceedings is sufficient

It is for the national court to determine whether the content of the
document
to enable the
defendant to assert his rights or whether it is necessary for the
party instituting the proceedings to remedy the fact that a necessary
annex has not been translated.

2. Article 8(1)(b) of Regulation No 1348/2000 is to be interpreted
as meaning that the fact that the addressee of a document served
has agreed in a contract concluded with the applicant in the course
of his business that correspondence is to be conducted in the
language of the Member State of transmission does not give rise to
is evidence
a presumption of knowledge of
which the court may take into account in determining whether that
addressee understands the language of the Member State of trans-
mission.

language, but

that

3. Article 8(1) of Regulation No 1348/2000 is to be interpreted as
meaning that the addressee of a document served may not in any
event rely on that provision in order to refuse acceptance of annexes
to the document which are not in the language of the Member
State addressed or in a language of the Member State of transmis-
sion which the addressee understands where the addressee concluded
a contract in the course of his business in which he agreed that cor-
respondence was to be conducted in the language of the Member
State of transmission and the annexes concern that correspondence
and are written in the agreed language.

(1) OJ C 56, 10.3.2007.

Judgment of the Court (Second Chamber) of 8 May 2008
— Commission of the European Communities v Kingdom
of Spain

(Case C-39/07) (1)

(Failure of a Member State to fulfil obligations — Directive
89/48/EEC — Recognition of higher-education diplomas
awarded on completion of professional education and training
of at least three years' duration — National legislation not
providing for the recognition of diplomas allowing access to
the profession of hospital pharmacist — Failure to transpose
the directive)

(2008/C 158/08)

Language of the case: Spanish

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose 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),
as far as the profession of hospital pharmacist is concerned

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt all the measures necessary to
transpose 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, as far as the profession of hospital phar-
macist is concerned, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

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

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Third Chamber) of 8 May 2008
(reference for a preliminary ruling from the Commissione
tributaria provinciale — Italy) — Ecotrade SpA v Agenzia
Entrate Ufficio Genova 3

(Joined Cases C-95/07 and C-96/07) (1)

(Sixth VAT Directive — Reverse charge procedure — Right to
deduct — Time-bar — Irregularity in accounts and tax
returns affecting transactions subject to the reverse charge
procedure)

(2008/C 158/09)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and R. Vidal Puig, Agents, Agents)

Commissione tributaria provinciale

Referring court