CELEX: C2002/084/06
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 29 November 2001 in Case C-202/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 78/687/EEC — Maintenance of a second system of training leading to entry to the profession of dentist — Maintenance of the possibility of dual registration in the register of doctors and in that of dentists for doctors mentioned in Article 19 of Directive 78/686/EEC)

C 84/4                   EN                      Official Journal of the European Communities                                            6.4.2002
2.    The fact that, in concluding a collective agreement specific to       1.    Declares that, by providing for a second system of training
      one undertaking, a domestic employer can pay wages lower                    leading to entry to the profession of dentist, which does not
      than the minimum wage laid down in a collective agreement                   comply with Council Directive 78/687/EEC of 25 July 1978
      declared to be generally applicable, whilst an employer estab-              concerning the coordination of provisions laid down by law,
      lished in another Member State cannot do so, constitutes an                 regulation or administrative action in respect of the activities of
      unjustified restriction on the freedom to provide services.                 dental practitioners, the Italian Republic has failed to fulfil its
                                                                                  obligations under that directive.
(1) OJ C 204 of 17.7.1999.                                                  2.    Dismisses the remainder of the action.
                                                                            3.    Orders the Italian Republic and the Commission of the
                                                                                  European Communities to pay their own costs.
                                                                            (1) OJ C 226 of 7.8.1999.
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)
                       of 29 November 2001
in Case C-202/99: Commission of the European Communi-                                        JUDGMENT OF THE COURT
                      ties v Italian Republic (1)
                                                                                                      (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
Directive 78/687/EEC — Maintenance of a second system of
training leading to entry to the profession of dentist —                                          of 29 November 2001
Maintenance of the possibility of dual registration in the
register of doctors and in that of dentists for doctors                     in Case C-221/99 (reference for a preliminary ruling from
      mentioned in Article 19 of Directive 78/686/EEC)                      the Giudice di Pace di Genova ): Giuseppe Conte v
                                                                                                      Stefania Rossi (1)
                             (2002/C 84/06)
                                                                            (Architects’ fees — Summary procedure for the recovery of
                     (Language of the case: Italian)                        debts — Opinion of the professional association — Articles 5
                                                                              and 85 of the EC Treaty (now Articles 10 EC and 81 EC))
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                     (2002/C 84/07)
                                                                                                (Language of the case: Italian)
In Case C-202/99: Commission of the European Communities
(Agents: E. Traversa and B. Mongin) v Italian Republic (Agent:              (Provisional translation; the definitive translation will be published
U. Leanza, assisted by P. G. Ferri) — application for a                                        in the European Court Reports)
declaration that, by maintaining a second system of training
for entry into the dental profession, which is contrary to
Council Directive 78/687/EEC of 25 July 1978 concerning the
coordination of provisions laid down by law, regulation or                  In Case C-221/99: reference to the Court under Article 234
administrative action in respect of the activities of dental                EC from the Giudice di Pace di Genova (Magistrate’s Court,
practitioners (OJ 1978 L 233, p. 10), and by maintaining the                Genoa) (Italy) for a preliminary ruling in the proceedings
possibility for doctors who practise as dentists to be doubly               pending before that court between Giuseppe Conte and
registered in the registers of medical and dental practitioners,            Stefania Rossi — on the interpretation of Articles 5 and 85 of
the Italian Republic has failed to fulfil its obligations under             the EC Treaty (now Articles 10 EC and 81 EC) — the Court
that directive — the Court (Fifth Chamber), composed of:                    (Fifth Chamber), composed of: S. von Bahr, President of the
P. Jann, President of the Chamber, D.A.O. Edward (Rappor-                   Fourth Chamber, acting for the President of the Fifth Chamber,
teur), A. La Pergola, L. Sevón and C.W.A. Timmermans, Judges;              D.A.O. Edward, A. La Pergola, M. Wathelet (Rapporteur) and
P. Léger, Advocate General; L. Hewlett, Administrator, for the              C.W.A. Timmermans, Judges; P. Léger, Advocate General;
Registrar, has given a judgment on 29 November 2001, in                     H. von Holstein, Deputy Registrar, for the Registrar, has given
which it:                                                                   a judgment on 29 November 2001, in which it has ruled: