Case C-75/22: Judgment of the Court (Fourth Chamber) of 8 May 2024 – European Commission v Czech Republic (Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 3(1)(g) and (h) – Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test – Article 7(3) – Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State – Article 45(2)(c), (f) and, in part, (e) – Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience – Article 51(1) – Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document – Not transposed into national law)
Date: 2024-05-08
Institutions: Court of Justice
Subjects: infringement of EU law, national implementing measure, nursing staff, pharmacist, professional qualifications, recognition of diplomas, recognition of vocational training qualifications, social security, town-planning profession, veterinarian, vocational training








C_202403719EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3719


24.6.2024






Judgment of the Court (Fourth Chamber) of 8 May 2024 – European Commission v Czech Republic


(Case C-75/22)
                (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Article 3(1)(g) and (h) - Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test - Article 7(3) - Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State - Article 45(2)(c), (f) and, in part, (e) - Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience - Article 51(1) - Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document - Not transposed into national law)
(C/2024/3719)
Language of the case: Czech

Parties


Applicant: European Commission (represented by: L. Armati, M. Mataija and M. Salyková, acting as Agents)

Defendant: Czech Republic (represented by: M. Smolek, A. Edelmannová, L. Halajová, O. Serdula, T. Müller and J. Vláčil, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that the Czech Republic has failed to fulfil its obligations under Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, by failing to adopt:






—


in accordance with Article 3(1)(g) and (h) of Directive 2005/36, as amended, the provisions necessary to enable the competent authorities of the host Member State to determine the status of persons undergoing an adaptation period or wishing to prepare themselves for an aptitude test;










—


in accordance with Article 7(3) of Directive 2005/36, as amended, the provisions necessary to enable veterinary surgeons and architects to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State;










—


in accordance with Article 51(1) of Directive 2005/36, as amended, the provisions necessary to ensure that the competent authority of the host Member State has one month to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document;














2.


Dismisses the action as to the remainder;










3.


Orders the European Commission and the Czech Republic to bear their own costs.






(1)  
            OJ C 138, 28.3.2022.


ELI: http://data.europa.eu/eli/C/2024/3719/oj
ISSN 1977-091X (electronic edition)