CELEX: C1999/121/08
Language: en
Date: 1999-05-01 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 February 1999 in Case C-131/97 (reference for a preliminary ruling from the Pretura Circondariable, Bologna): Analisa Carbonari and Others v. Università degli Studi di Bologna and Others (Right of establishment - Freedom to provide services - Doctors - Medical specialities - Training periods - Remuneration - Direct effect)

1.5.1999                  EN                      Official Journal of the European Communities                                            C 121/5
                   JUDGMENT OF THE COURT                                     — That obligation in itself does not, however, enable the national
                                                                                  court to determine which body is liable to pay the appropriate
                            (Fifth Chamber)                                       remuneration or the level thereof.
                         of 25 February 1999                                 The national court is required, however, when it applies provisions of
                                                                             national law adopted either before or after a directive, to interpret
                                                                             them as far as possible in the light of the wording and the purpose of
in Case C-131/97 (reference for a preliminary ruling from
                                                                             that directive.
the Pretura Circondariable, Bologna): Analisa Carbonari
and Others v. Università degli Studi di Bologna and
                                Others (1)                                   (1) OJ C 166, 31.5.1997.
(Right of establishment — Freedom to provide services —
Doctors — Medical specialties — Training periods —
                   Remuneration — Direct effect)
                            (1999/C 121/08)
                                                                                               JUDGMENT OF THE COURT
                      (Language of the case: Italian)
                                                                                                        (Fifth Chamber)
(Provisional translation; the definitive translation will be published                               of 25 February 1999
                     in the European Court Reports)
                                                                              in Joined Cases C-164/97 and C-165/97: European Parlia-
In Case C-131/97: reference to the Court under Article 177 of                          ment v. Council of the European Union (1)
the EC Treaty by the Pretura Circondariale (District Magistrates’
Court), Bologna, Italy, for a preliminary ruling in the proceed-             (Regulations on the protection of forests against atmospheric
ings pending before that court between Annalisa Carbonari                    pollution and fire — Legal basis — Article 43 of the EC
and Others and Università degli Studi di Bologna, Ministero                  Treaty — Article 130s of the EC Treaty — Parliament’s
della Sanità, Ministero dell’Università e della Ricerca Scientifica,                                      prerogatives)
Ministero del Tesoro — on the interpretation of Council
Directive 82/76/EEC of 26 January 1982 amending Directive
75/362/EEC concerning the mutual recognition of diplomas,                                               (1999/C 121/09)
certificates and other evidence of formal qualifications in
medicine, including measures to facilitate effective exercise of
the right of establishment and freedom to provide services                                        (Language of the case: French)
and Directive 75/363/EEC concerning the coordination of
provisions laid down by law, regulation or administrative
action in respect of activities of doctors (OJ L 43, 15.2.1982,              (Provisional translation; the definitive translation will be published
p. 21) — the Court (Fifth Chamber), composed of: J.C.                                            in the European Court Reports)
Moitinho de Almeida, acting for the President of the Chamber,
C. Gulmann, D.A.O. Edward (Rapporteur), L; Sevón and M.                     In Joined Cases C-164/97: European Parliament (Agents:
Wathelet, Judges; P. Léger, Advocate-General; L. Hewlett,                    Johann Schoo and João Sant’ Anna) v. Council of the European
Administrator, for the Registrar, has given a judgment on                    Union (Agents: John Carbery and Thérèse Blanchet), supported
25 February 1999 in which it has ruled:                                      by Commission of the European Communities (Agents: Xavier
                                                                             Lewis and Pieter van Nuffel) — application for the annulment
Article 2(1) (c) of Council Directive 75/363/EEC of 16 June 1975             of Council Regulation (EC) No 307/97 of 17 February 1997
concerning the coordination of provisions laid down by law, regulation       amending Regulation (EEC) No 3528/86 on the protection of
or administrative action in respect of activities of doctors and point 1     the Community’s forests against atmospheric pollution (OJ L
of the Annex thereto, as amended by Council Directive 82/76/EEC              51, 21.2.1997, p. 9) and of Council Regulation (EC) No 308/97
of 26 January 1982 amending Directive 75/362/EEC concerning                  of 17 February 1997 amending Regulation (EEC) No 2158/92
the mutal recognition of diplomas, certificates and other evidence of        on protection of the Community’s forests against fire (OJ L 51,
formal qualifications in medicine, including measures to facilitate          21.2.1997, p. 11) — the Court (Fifth Chamber), composed of:
effective exercise of the right of establishment and freedom to provide      J.-P. Puissochet (Rapporteur), President of the Chamber, J. C.
services and Directive 75/363/EEC, must be interpreted as follows:           Moitinho de Almeida, C. Gulmann, L. Sevón and M. Wathelet,
                                                                             Judges; Advocate-General: F. G. Jacobs; Registrar: H. A. Rühl,
— The obligation to provide appropriate remuneration for periods             Principal Administrator, has given a judgment on 25 February
     of training in specialised medicine is binding only in respect of       1999, in which it:
     the medical specialties which are common to all the Member
     States or to two or more of them and are mentioned in Article 5
     or Article 7 of Council Directive 75/362/EEC of 16 June 1975,           1. annuls Council Regulation (EC) No 307/97 of 17 February
                                                                                  1997 amending Regulation (EEC) No 3528/86 on the
— That obligation is unconditional and sufficiently precise in so far             protection of the Community’s forests against atmospheric
     as it requires, for a medical specialist to be able to benefit from          pollution and Council Regulation (EC) No 308/97 of 17 Febru-
     the system of mutual recognition established by Directive                    ary 1997 amending Council Regulation (EEC) No 2158/92 on
     75/362/EEC, that his training be full-time and remunerated,                  protection of the Community’s forests against fire;