CELEX: C2007/082/33
Language: en
Date: 2007-04-14 00:00:00
Title: Case C-39/07: Action brought on 1 February 2007 — Commission of the European Communities v Kingdom of Spain

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/18
            
         Action brought on 1 February 2007 — Commission of the European Communities v Kingdom of Spain
   (Case C-39/07)
   (2007/C 82/33)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: H. Støblbæk and R. Vidal Puig, acting as Agents)
   
      Defendan: Kingdom of Spain
   Form of order sought
   
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               Declare that the Kingdom of Spain has failed to fulfil its obligations under Council Directive 89/48/EEC (1) of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration by not adopting all the necessary measures to transpose that directive in connection with the profession of hospital pharmacist;
            
         
               —
            
            
               order the Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   
               1.
            
            
               The Spanish diploma of ‘hospital pharmacist ’is a ‘diploma ’within the meaning of Directive 89/48/EEC, since:
               
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                           it is a diploma awarded by the competent authority designated by Spanish law;
                        
                     
                           —
                        
                        
                           the diploma shows post-secondary training of more than three years, since in order to obtain the diploma of Hospital Pharmacist it is necessary to be in possession of the university diploma of Licenciado en Farmacia, to have completed the training in the corresponding specialisation and to have passed an examination;
                        
                     
                           —
                        
                        
                           the diploma shows that the holder has the necessary qualifications to follow the profession of hospital pharmacist in Spain.
                        
                     
         
               2.
            
            
               In the same way, the profession of hospital pharmacist is a ‘regulated profession ’in Spain within the meaning of Directive 89/48/EEC.
            
         
               3.
            
            
               Council Directive 85/433/EEC (2) of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the right of establishment relating to certain activities in the field of pharmacy, is not applicable to the profession of hospital pharmacist.
            
         
               4.
            
            
               Consequently, the Kingdom of Spain was required to transpose Directive 89/48/EEC in connection with the profession of hospital pharmacist. By not adopting the necessary measures in that regard, the Kingdom of Spain has failed to fulfil its obligations under that directive.
            
         
      (1)  OJ L 19, p. 16.
   
      (2)  OJ L 253, p. 37.