Case C-151/07: Judgment of the Court (Second Chamber) of 4 December 2008 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Theologos-Grigorios Khatzithanasis v Ipourgos Igeias kai Kinonikis Allilengiis, OEEK (Organismos Epangelmatikis Ekpaidefsis kai Katartisis) (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)
Date: 2008-12-04
Institutions: Court of Justice
Subjects: educational institution, interpretation of the law, national implementing measure, recognition of vocational training qualifications, right to work, vocational training, worker (EU)

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

24.1.2009

EN

Official Journal of the European Union

C 19/3

Parties to the main proceedings

Parties to the main proceedings

Applicant: Theologos-Grigorios Khatzithanasis

Applicant: Krystyna Zablocka-Weyhermüller

Defendants:
(Organismos Epangelmatikis Ekpaidefsis kai Katartisis)

Igeias kai Kinonikis Allilengiis, OEEK

Ipourgos

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Articles 149 and 150 EC and of Council Direc-
tive 92/51/EEC of 18 June 1992 on a second general system for
the recognition of professional education and training to supple-
ment Directive 89/48/EEC (OJ 1992 L 209, p. 25) — Failure to
recognise, in the host Member State, a vocational training quali-
fication conferring a right to pursue the profession of optician
in the Member State where that qualification was awarded —
Training received,
for the greater part, at an establishment
which lawfully operates in the host Member State, but which is
not recognised, under the legislation of that State, as an educa-
tional establishment

Defendant: Land Baden-Württemberg

Re:

Reference for a preliminary ruling — Sozialgericht Stuttgart —
Compatibility with Community law of national provisions
limiting the exportability of benefits for surviving spouses of
victims of war (Hinterbliebenenversorgung)

Operative part of the judgment

Article 18(1) EC is to be interpreted as precluding legislation of a
Member State under which the latter refuses to pay certain benefits
granted to surviving spouses of victims of war solely because they are
domiciled in the territory of certain specific Member States.

Operative part of the judgment

(1) OJ C 183, 4.8.2007.

Articles 1(a), 3 and 4 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, as
amended by Directive 2001/19/EC of the European Parliament and of
the Council of 14 May 2001, must be interpreted as meaning that
the competent authorities of a host Member State are required, under
Article 3 of that directive, subject to the application of Article 4 of
that directive, to recognise a diploma awarded by a competent authority
in another Member State even though that diploma attests to educa-
tion 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.

(1) OJ C 117, 26.5.2007.

Judgment of the Court (Fourth Chamber) of 4 December
a preliminary ruling from the
2008 (reference
(Germany)) — Krystyna
Sozialgericht

for
Stuttgart

Zablocka-Weyhermüller v Land Baden-Württemberg

(Case C-221/07) (1)

(Benefits granted to surviving spouses of victims of war —
territory —
Condition of

on the national

residence

Article 18(1) EC)

(2009/C 19/04)

Language of the case: German

Referring court

Sozialgericht Stuttgart

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

United Kingdom of Great Britain and Northern Ireland

(Case C-247/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2003/35/EC — Drawing up of certain plans and programmes
relating to the environment — Public participation — Failure
to transpose within the prescribed period)

(2009/C 19/05)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and D. Lawunmi, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: V. Jackson, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2003/35/EC of the European Parliament
and of the Council of 26 May 2003 providing for public partici-
the drawing up of certain plans and
pation in respect of
programmes relating to the environment and amending with
regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC (OJ 2003 L 156, p. 17)