Case C-311/06: Judgment of the Court (Second Chamber) of 29 January 2009 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Consiglio Nazionale degli Ingegneri v Ministero della Giustizia, Marco Cavallera (Recognition of diplomas — Directive 89/48/EEC — Homologation of an educational qualification — Engineer)
Date: 2009-01-29
Institutions: Court of Justice
Subjects: EU national, engineer, interpretation of the law, recognition of diplomas, vocational training

21.3.2009

EN

Official Journal of the European Union

C 69/3

Judgment of the Court (Second Chamber) of 29 January
2009 (reference for a preliminary ruling from the Consiglio
di Stato — Italy) — Consiglio Nazionale degli Ingegneri v
Ministero della Giustizia, Marco Cavallera

Judgment of the Court (Grand Chamber) of 20 January
2009 (references
for a preliminary ruling from the
Landesarbeitsgericht Düsseldorf (Germany) and House of
(United Kingdom)) — Gerhard Schultz-Hoff v
Lords

(Case C-311/06) (1)

(Recognition of diplomas — Directive 89/48/EEC — Homolo-
gation of an educational qualification — Engineer)

(2009/C 69/03)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Consiglio Nazionale degli Ingegneri

Deutsche Rentenversicherung Bund

(Joined Cases C-350/06 and C-520/06) (1)

(Working conditions — Organisation of working time —
Directive 2003/88/EC — Right to paid annual leave — Sick
leave — Annual leave coinciding with sick leave — Compen-
sation for paid annual leave not taken before the end of the
contract because of sickness)

(2009/C 69/04)

Language of the case: German and English

Referring courts

Landesarbeitsgericht Düsseldorf, House of Lords

Defendants: Ministero della Giustizia, Marco Cavallera

Parties to the main proceedings

Re:

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation 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)
— Whether applicable in the case of an Italian national who is
registered in the Spanish professional register following recogni-
tion of equivalence of his engineering degree but who has never
pursued that profession in Spain and who applies, on the basis
the Spanish qualification authorising him to pursue that
of
profession, to be entered in the professional register in Italy

Operative part of the judgment

The provisions 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 cannot be relied on, for the purpose of
gaining access to a regulated profession in a host Member State, by the
holder of a certificate issued by an authority of another Member State
which does not attest any education or training covered by the educa-
tion system of that Member State and is not based on either an exami-
nation taken or professional experience acquired in that Member State.

(1) OJ C 249, 14.10.2006.

Applicants: Gerhard Schultz-Hoff
Others (C-520/06)

(C-350/06), Stringer

and

Defendants: Deutsche Rentenversicherung Bund (C-350/06), Her
Majesty's Revenue and Customs (C-520/06)

Re:

Reference for a preliminary ruling — Landesarbeitsgericht
Düsseldorf, House of Lords — Interpretation of Article 7(1) and
(2) of Directive 2003/88/EC of the European Parliament and of
the Council of 4 November 2003 concerning certain aspects of
the organisation of working time (OJ L 299, p. 9) — Right to
paid annual
leave subject to the following conditions: actual
presence in the workplace, maintenance of the capacity to work
during the leave, and exercise not capable of extension beyond a
deadline in the following year — Right of a worker on indefinite
sick leave to take annual leave during that sick leave — Right of
a worker who has been dismissed while on long-term sick leave
to receive compensation for the annual leave not taken during
the leave year

Operative part of the judgment

1. Article 7(1) of Directive 2003/88/EC of the European Parliament
and of
the Council of 4 November 2003 concerning certain
aspects of the organisation of working time must be interpreted as
not precluding national legislation or practices according to which a
worker on sick leave is not entitled to take paid annual leave during
that sick leave.