CELEX: C2003/083/17
Language: en
Date: 2003-04-05 00:00:00
Title: Case C-55/03: Action brought on 11 February 2003 by the Commission of the European Communities against the Kingdom of Spain

5.4.2003                 EN                         Official Journal of the European Union                                        C 83/11
Action brought on 11 February 2003 by the Commission                        Action brought on 12 February 2003 by the Commission
of the European Communities against the Kingdom of                          of the European Communities against the Grand-Duchy
                                  Spain                                                              of Luxembourg
                            (Case C-55/03)                                                           (Case C-56/03)
                            (2003/C 83/17)
                                                                                                     (2003/C 83/18)
An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 11 Febru-               An action against the Grand-Duchy of Luxembourg was
ary 2003 by the Commission of the European Communities,                     brought before the Court of Justice of the European Communi-
represented by Maria Patakia, Legal Adviser, and Marina                     ties on 12 February 2003 by the Commission of the European
Valverde López, a member of the auxiliary staff of its Legal                Communities, represented by Karen Banks, acting as Agent,
Service, with an address for service in Luxembourg.                         with an address for service in Luxembourg.
The applicant claims that the Court should:                                 The Commission of the European Communities claims that
                                                                            the Court should:
—      Declare that, by failing to implement Council Directives
       89/48/EEC of 21 December 1988 ( 1) and 92/51/EEC of
                                                                            —     Declare that, by failing to bring into force the laws,
       18 June 1992 (2) on a second general system for the
                                                                                  regulations and administrative provisions necessary to
       recognition of professional education and training to
                                                                                  comply with Directive 98/71/EC of the European Parlia-
       supplement Directive 89/48/EEC in connection with the
                                                                                  ment and of the Council of 13 October 1998 on the legal
       profession of air traffic controller in the civil sector, the
                                                                                  protection of designs ( 1), or in any event by failing to
       Kingdom of Spain has failed to fulfil its obligations under
                                                                                  inform the Commission of those provisions, the Grand-
       the EC Treaty;
                                                                                  Duchy of Luxembourg has failed to fulfil its obligations
—      Order the defendant to pay the costs.                                      under Article 19 of that directive;
                                                                            —     Order the Grand-Duchy of Luxembourg to pay the costs
                                                                                  of the proceedings.
Pleas in law and main arguments
Council Directives 89/48/EEC and 92/51/EEC apply, not to
diplomas awarded on completion of academic education but                    Pleas in law and main arguments
rather to diplomas awarded on completion of education and
training at the end of which the holder of such a diploma is
                                                                            The period within which the directive had to be transposed
fully qualified to practise a given profession. In consequence,
                                                                            expired on 28 October 2001.
it is not the diploma giving access to training as an air traffic
controller which must be recognised in accordance with those
directives, but the final diploma giving access to the profession           (1 ) OJ L 289 of 28.10.1998, p. 28.
of air traffic controller in the civil sector. Having regard to the
provisions of Royal Decree 3/1998, the Commission considers
that that profession is regulated in Spain for the purposes of
Article 1(d) of Directive 89/48/EEC and the settled case-law of
the Court of Justice.
The Member States are required to transpose directives into
their national legal order. The fact that there exists a law                Action brought on 12 February 2003 by the Commission
approved by Eurocontrol does not relieve Spain of that                      of the European Communities against the Italian Republic
obligation.
                                                                                                     (Case C-57/03)
( 1) Council Directive 89/48/EEC of 21 December 1988 on a general
     system for the recognition of higher-education diplomas awarded
                                                                                                     (2003/C 83/19)
     on completion of professional education and training of at least
     three years’ duration (OJ L 19 of 24 January 1989, p. 16).
( 2) Council Directive 92/51/EEC of 18 June 1992 on a second general
     system for the recognition of professional education and training
     to supplement Directive 89/48/EEC (OJ L 209 of 24 July 1992,           An action against the Italian Republic was brought before the
     p. 25).                                                                Court of Justice of the European Communities on 12 February
                                                                            2003 by the Commission of the European Communities,
                                                                            represented by Antonio Aresu, acting as Agent.