Case C-768/22: Judgment of the Court (Ninth Chamber) of 29 July 2024 – European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Formal architectural qualifications – Article 49(1) – Acquired rights – Civil engineers authorised to carry out architectural design projects – Article 59(3) – Requirements restricting access to or the pursuit of a profession – Articles 45, 49 and 56 TFEU – Obstacle to the free movement of workers, freedom of establishment and freedom of services)
Date: 2024-07-29
Institutions: Court of Justice
Subjects: Portugal, free movement of workers, freedom to provide services, infringement of EU law, national implementing measure, professional qualifications, recognition of diplomas, recognition of vocational training qualifications, right of establishment, town-planning profession








C_202405596EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5596


30.9.2024






Judgment of the Court (Ninth Chamber) of 29 July 2024 – European Commission v Portuguese Republic


(Case C-768/22)
                (1)

(Failure of a Member State to fulfil obligations - Directive 2005/36/EC - Recognition of professional qualifications - Formal architectural qualifications - Article 49(1) - Acquired rights - Civil engineers authorised to carry out architectural design projects - Article 59(3) - Requirements restricting access to or the pursuit of a profession - Articles 45, 49 and 56 TFEU - Obstacle to the free movement of workers, freedom of establishment and freedom of services)
(C/2024/5596)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: L. Armati and P. Caro de Sousa, acting as Agents)

Defendant: Portuguese Republic (represented by: P. Barros da Costa, S. Galinho, L. Medeiros and A. Pimenta, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by adopting Article 2 of Lei n.o 25/2018 (Law No 25/2018) of 14 June 2018, which added a new Article 25(7) to Law No 31/2009 of 3 July 2009 on the professional qualification of project developers and the supervision and direction of works, as amended by Law No 40/2015, the Portuguese Republic failed to fulfil its obligations under Articles 49 and 56 TFEU, in so far as that provision of national law is such as to restrict access to the profession of architect in Portugal for civil engineers who hold a qualification in civil engineering awarded by one of the Portuguese educational establishments referred to in Annex VI to 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, which have been established in another Member State;










2.


Dismisses the action as to the remainder;










3.


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






(1)  
            OJ C 94, 13.3.2023.


ELI: http://data.europa.eu/eli/C/2024/5596/oj
ISSN 1977-091X (electronic edition)