Case C-434/08: Reference for a preliminary ruling from the Oberlandesgericht Oldenburg (Germany) lodged on 1 October 2008 — Arnold and Johann Harms, in their capacity as a partnership under German civil law v Freerk Heidinga
Date: 2008-10-01
Institutions: Court of Justice
Subjects: Germany, agricultural holding, common agricultural policy, interpretation of the law

21.2.2009

EN

Official Journal of the European Union

C 44/25

Order of the Court (Sixth Chamber) of 13 November 2008
(references for a preliminary ruling from the Diikitiko
Efetio Thessalonikis, Greece) — Maria Kastrinaki v
Panepistimiako Geniko Nosokomeio Thessalonikis AHEPA

(Joined Cases C-180/08 and C-186/08) (1)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Directive 89/48/EEC — Recognition of diplomas —
Studies completed in an ‘independent study centre’ not recog-
nised as an educational establishment by the host Member
State)

— has not been homologated by the competent national authorities.

(1) OJ C 171, 5.7.2008.

(2009/C 44/41)

Language of the case: Greek

Reference for a preliminary ruling from the Oberlandes-
gericht Oldenburg (Germany) lodged on 1 October 2008
— Arnold and Johann Harms, in their capacity as a partner-
ship under German civil law v Freerk Heidinga

Referring court

Diikitiko Efetio Thessalonikis

Parties

Appellant: Maria Kastrinaki

(Case C-434/08)

(2009/C 44/42)

Language of the case: German

Referring court

Respondent: Panepistimiako Geniko Nosokomeio Thessalonikis
AHEPA

Oberlandesgericht Oldenburg (Germany)

Re:

Parties to the main proceedings

Reference for a preliminary ruling — Diikitiko Efetio Thessalo-
nikis — Interpretation of Articles 1, 2, 3 and 4 of 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) — Interpretation of
Article 39(1) EC, the first paragraph of Article 10 EC and Arti-
cles 43, 47(1), 49, 55, 149 and 150 EC — National of a
Member State who has pursued a regulated profession in the
host Member State before and after recognition of professional
equivalence resulting from academic qualifications obtained in
another Member State — Prior completion of part of university
studies, under a franchising agreement,
in an institution not
recognised as an educational establishment by the host Member
State — Possibility, by reason of a refusal to recognise such
qualifications, of excluding a worker from professional activity

Operative part of the order

The competent authorities of a host Member State are required, under
Article 3 of 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, to permit a national of a Member State
who holds a diploma within the meaning of that directive issued by a
competent authority of another Member State to pursue his profession
on the same conditions as apply to holders of national diplomas even
though that diploma:

— attests to education and training received, in whole or in part, at
an establishment
located in the host Member State which,
according to the legislation of that State, is not recognised as an
educational establishment, and

Applicants: Arnold and Johann Harms,
partnership under German civil law

in their capacity as a

Defendant: Freerk Heidinga

Question referred

Is Article 46(2) of Council Regulation (EC) No 1782/2003 of
29 September 2003 establishing common rules for direct
support schemes under the common agricultural policy (1) and
establishing certain support schemes for farmers to be inter-
preted as meaning that the following contractual arrangements
are incompatible with that provision and hence invalid: contrac-
tual arrangements outwardly effecting a complete and definitive
transfer of payment entitlements, but stipulating — according to
an internal agreement between the parties — that the seller is to
remain the beneficial owner of
those payment entitlements,
whereby the purchaser, in his capacity as the person formally
entitled to them, is to activate the payment entitlements through
cultivation of the corresponding land and to pass on to the
seller the full amount of the single payments made to him, or
contractual arrangements pursuant to which land premiums are
transferred to the purchaser in such a way that he remains
under an ongoing obligation to pay to the seller a part of the
single payments (the farm-specific part), at any rate once those
payments have been activated and disbursed?

(1) OJ L 270, p. 1.