Case C-274/05: Judgment of the Court (Second Chamber) of 23 October 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 89/48/EEC — Workers — Recognition of diplomas)
Date: 2008-10-23
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, recognition of diplomas

C 313/2

EN

Official Journal of the European Union

6.12.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 23 October
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-274/05) (1)

— by failing to recognise the diplomas awarded by the competent
authorities of another Member State following education and
training provided within the
framework of an agreement
pursuant to which education and training provided by a private
body in Greece is homologated by those authorities;

(Failure of a Member State to fulfil obligations — Directive
89/48/EEC — Workers — Recognition of diplomas)

(2008/C 313/02)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and H. Støvlbæk, Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

Re:

than

cases

those

allowed

— by providing for the application of compensatory measures in
by Council Directive
more
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 amended by Directive 2001/19/EC of
the European Parliament and of the Council of 14 May 2001;

— by entrusting to the Council Responsible

for Recognising
Professional Equivalence of Higher Education Qualifications the
power to assess whether ‘the educational establishment in which
the applicant completed his education and training belongs to
the higher education sector’ and whether ‘the applicant has the
necessary professional experience, in a case where the duration
of the education and training falls short by at least one year of
that required in Greece in order to pursue that profession’, and

— by not allowing, in the public sector, the reclassification in a
higher grade of persons recruited at a level lower than that to
which they would have been entitled if their diplomas had been
recognised in accordance with Article 3 of Directive 89/48, as
amended by Directive 2001/19,

has failed to fulfil its obligations under Articles 1, 3, 4, 8 and 10
of Directive 89/48 as amended by Directive 2001/19.

Failure of a Member State to fulfil obligations — Infringement
of Articles 1, 3, 4, 7, 8 and 10 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 profes-
sional education and training of at least three years' duration
(OJ 1989 L 19, p. 16) — Recognition of professional qualifica-
tions acquired in another Member State for the purposes of
employment in the public sector and registration in the Tekh-
niko Epimelitirio Elladas

2. The action is dismissed as to the remainder.

3. The Hellenic Republic shall pay two thirds of the costs of the
Commission of the European Communities and bear its own costs.

4. The Commission of the European Communities shall bear one third

of its own costs.

Operative part of the judgment

1. The Hellenic Republic,

(1) OJ C 129, 9.6.2007.