CELEX: C2003/264/19
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 September 2003 In Joined Cases C-292/01 and C-293/01 (Reference for a preliminary ruling from the Consiglio di Stato): Albacom SpA (C-292/01), Infostrada SpA (C-293/01) v Ministero del Tesoro, del Bilancio e della Programmazione Economica, Ministero delle Comunicazioni (Telecommunications services — General authorisations and individual licences — Directive 97/13/EC — Fees and charges for individual licences)

C 264/12                EN                           Official Journal of the European Union                                             1.11.2003
     Article 3 of that directive, whether a qualification obtained in        for a preliminary ruling in the proceedings pending before that
     another Member State by a national of a Member State wishing            court between Albacom SpA (C-292/01), Infostrada SpA
     to pursue a regulated profession in the host Member State can           (C-293/01) and Ministero del Tesoro, del Bilancio e della
     be regarded as a diploma within the meaning of that provision           Programmazione Economica, Ministero delle Comunicazioni,
     and, if so, to determine the extent to which the training courses       on the interpretation of Directive 97/13/EC of the European
     whose successful completion leads to the award of those                 Parliament and of the Council of 10 April 1997 on a common
     diplomas are similar with regard to both their duration and the         framework for general authorisations and individual licences
     matters covered. If it is apparent from that court’s examination        in the field of telecommunications services (OJ 1997 L 117,
     that both qualifications constitute diplomas within the meaning         p. 15), the Court (Fifth Chamber), composed of: M. Wathelet,
     of that directive and that those diplomas are awarded on the            President of the Chamber, C.W.A. Timmermans, A. La Pergola,
     completion of equivalent education or training, the directive           P. Jann and S. von Bahr (Rapporteur), Judges; D. Ruiz-Jarabo
     precludes the authorities of the host Member State from making          Colomer, Advocate General; R. Grass, Registrar, has given a
     access by that national of a Member State to the profession of          judgment on 18 September 2003, in which it has ruled:
     manager in the hospital public service subject to the condition
     that he complete the training given by the École nationale de la
     santé publique and pass the final examination at the end of             Directive 97/13/EC of the European Parliament and of the Council
                                                                             of 10 April 1997 on a common framework for general authorisations
     that training.
                                                                             and individual licences in the field of telecommunications services
                                                                             and, in particular, Article 11 thereof, prohibit Member States from
2.   Where a national of a Member State holds a diploma obtained
                                                                             imposing financial charges other than and in addition to those
     in one Member State which is equivalent to the diploma
                                                                             allowed by the directive, such as the contested charge in the main
     required in another Member State in order to take up
                                                                             proceedings, on undertakings which hold individual licences in the
     employment in the hospital public service, Community law
                                                                             telecommunications sector solely because they hold such licences.
     precludes the authorities of the second Member State from
     making that national’s access to the employment in question
     subject to his passing a competition such as the entrance
                                                                             (1) OJ C 275 of 29.9.2001 and OJ C 289 of 13.10.2001.
     examination of the École nationale de la santé publique.
(1) OJ C 275 of 29.9.2001.
                                                                                              JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                 (First Chamber)
                          (Fifth Chamber)                                                          of 11 September 2003
                      of 18 September 2003                                   in Case C-331/01: Kingdom of Spain v Commission of the
                                                                                                European Communities (1)
In Joined Cases C-292/01 and C-293/01 (Reference for a
preliminary ruling from the Consiglio di Stato): Albacom
                                                                             (EAGGF — Clearance of accounts — Additional payments
SpA (C-292/01), Infostrada SpA (C-293/01) v Ministero
                                                                             granted to producers of bovine animals in 1996 — Time-
del Tesoro, del Bilancio e della Programmazione Econ-
          omica, Ministero delle Comunicazioni (1)                                      limits for notification of results of checks)
(Telecommunications services — General authorisations and                                              (2003/C 264/20)
individual licences — Directive 97/13/EC — Fees and
                 charges for individual licences)                                               (Language of the case: Spanish)
                          (2003/C 264/19)                                    (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                    (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            In Case C-331/01, Kingdom of Spain (Agent: initially by
                                                                             M. López-Monís Gallego and subsequently by L. Fraguas
                                                                             Gadea) v Commission of the European Communities (Agent:
                                                                             S. Pardo Quintillán): Application for the annulment of Com-
In Joined Cases C-292/01 and C-293/01: Reference to the                      mission Decision 2001/557/EC of 11 July 2001 excluding
Court under Article 234 EC by the Consiglio di Stato (Italy)                 from Community financing certain expenditure incurred by