CELEX: 62008CA0036
Language: en
Date: 2008-10-02 00:00:00
Title: Case C-36/08: Judgment of the Court (Sixth Chamber) of 2 October 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/16/EEC — Specific training required to practise as a general practitioner — Incorrect transposition)

22.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/12
            
         Judgment of the Court (Sixth Chamber) of 2 October 2008 — Commission of the European Communities v Hellenic Republic
   (Case C-36/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 93/16/EEC - Specific training required to practise as a general practitioner - Incorrect transposition)
   (2008/C 301/23)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Zavvos and H. Støvlbæk, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ 1993 L 165, p. 1) — Specific training required to practise as a general practitioner
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/2003 which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 92, 12.4.2008.