Case C-452/09: Judgment of the Court (First Chamber) of 19 May 2011 (reference for a preliminary ruling from the Corte d’appello di Firenze (Italy)) — Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle v Ministero dell’Istruzione, dell’Università e della Ricerca, Ministero dell’Economia e delle Finanze, Università degli studi di Pisa (Directive 82/76/EEC — Freedom of establishment and freedom to provide services — Doctors — Acquisition of the title of medical specialist — Remuneration during the period of training — Five-year limitation period in respect of the right to payment of periodic remuneration)
Date: 2011-05-19
Institutions: Court of Justice
Subjects: Italy, freedom to provide services, interpretation of the law, national implementing measure, physician, right of establishment








C_2011204EN.01000802.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/8





Judgment of the Court (First Chamber) of 19 May 2011 (reference for a preliminary ruling from the Corte d’appello di Firenze (Italy)) — Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle v Ministero dell’Istruzione, dell’Università e della Ricerca, Ministero dell’Economia e delle Finanze, Università degli studi di Pisa
(Case C-452/09) (1)

(Directive 82/76/EEC - Freedom of establishment and freedom to provide services - Doctors - Acquisition of the title of medical specialist - Remuneration during the period of training - Five-year limitation period in respect of the right to payment of periodic remuneration)
2011/C 204/15
Language of the case: Italian

Referring court

Corte d’appello di Firenze

Parties to the main proceedings


Applicants: Tonina Enza Iaia, Andrea Moggio, Ugo Vassalle

Defendants: Ministero dell’Istruzione, dell’Università e della Ricerca, Ministero dell’Economia e delle Finanze, Università degli studi di Pisa

Re:

Reference for a preliminary ruling — Corte di Appello di Firenze (Court of Appeal, Florence) — Interpretation of Council Directive 82/76/EEC of 26 January 1982 amending Directive 75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate effective exercise of the right of establishment and freedom to provide services and Directive 75/363/EEC concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors (OJ 1982 L 43, p. 21) — Training of medical specialists — Right to appropriate remuneration during the period of training — Direct effect of a directive that has not yet been transposed into national law — Whether it is possible for a Member State to rely, in relation to the period preceding the first implementing legislation, on five-year or ten-year limitation in respect of a right arising under the directive

Operative part of the judgment

European Union law must be interpreted as not precluding a Member State from relying on the expiry of a reasonable limitation period as a defence in legal proceedings brought by an individual for the purpose of safeguarding rights conferred by a directive, even though the Member State did not transpose that directive correctly, on condition that, by its conduct, that Member State was not responsible for the delay in bringing the action. The finding by the Court that there has been a breach of European Union law does not affect the starting point of the limitation period, in the case where that breach is not in doubt.


(1)  OJ C 24, 30.1.2010.