Case C-84/07: Judgment of the Court (Second Chamber) of 4 December 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 92/51/EEC — Recognition of diplomas — Studies completed in an independent study centre not recognised as an educational establishment by the host Member State — Optician)
Date: 2008-12-04
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, paramedical profession, recognition of diplomas, vocational training

C 19/2

EN

Official Journal of the European Union

24.1.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 4 December
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-84/07) (1)

(Failure of a Member State to fulfil obligations — Directive
92/51/EEC — Recognition of diplomas — Studies completed
in an ‘independent study centre’ not recognised as an educa-
tional establishment by the host Member State — Optician)

(2009/C 19/02)

Language of the case: Greek

Parties

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

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

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 3, 4(1)(b) and 12 of Council Directive 92/51/EEC of
18 June 1992 on a second general system for the recognition of
professional education and training to supplement Directive
89/48/EEC (OJ L 209, p. 25)

Operative part of the judgment

The Court:

1. Declares that the Hellenic Republic,

— by allowing applicants

for

recognition of
entry

Italian optician
diplomas, who applied before
into force of Law
2916/2001 on the structure of university or similar education
and the regulation of questions on the technological sector of
that education, no choice between an adaptation period and an
aptitude test,

has failed to fulfil its obligations under Article 3, the third section
of Article 4(1)(b) and Article 12 of Council Directive 92/51/EEC
of 18 June 1992 on a second general system for the recognition of
education and training to supplement Directive
professional
89/48/EEC, as amended by Directive 2001/19/EC of
the
European Parliament and of the Council of 14 May 2001;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 95, 28.4.2007.

Judgment of the Court (Second Chamber) of 4 December
a preliminary ruling from the
2008 (reference for
Simvoulio tis Epikratias (Greece)) — Theologos-Grigorios
Khatzithanasis v Ipourgos Igeias kai Kinonikis Allilengiis,
kai
OEEK (Organismos

Ekpaidefsis

Epangelmatikis
Katartisis)

(Case C-151/07) (1)

(Directive 92/51/EEC — Recognition of diplomas — Studies
completed in an ‘independent study centre’ not recognised as
an educational establishment in the host Member State —
Optician)

— by failing to recognise the optician diplomas granted by the
competent Italian authorities following training given under an
agreement pursuant to which training given in Greece by a
private body is homologised by those authorities;

(2009/C 19/03)

Language of the case: Greek

— by making consideration of applications for

recognition of
Italian optician diplomas subject to the provision, by the Italian
authorities, of the answers to five questions previously sent to
them by the Greek authorities; and

Referring court

Simvoulio tis Epikratias