CELEX: C2004/300/26
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Second Chamber) of 7 October 2004 in Case C-402/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Directives 89/48/EEC and 92/51/EEC — Recognition of diplomas — Access to the profession of special needs teacher in the hospital public service and local public service — Definition of ‘regulated profession’ — Professional experience — Article 39 EC)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/13
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 7 October 2004
   in Case C-402/02: Commission of the European Communities v French Republic (1)
   
   (Failure by a Member State to fulfil its obligations - Directives 89/48/EEC and 92/51/EEC - Recognition of diplomas - Access to the profession of special needs teacher in the hospital public service and local public service - Definition of ‘regulated profession’ - Professional experience - Article 39 EC)
   (2004/C 300/26)
   Language of the case: French
   In Case C-402/02: Commission of the European Communities (Agents: M. Patakia and D. Martin) v French Republic (Agents: G. de Bergues and A. Colomb) — action under Article 226 EC for failure to fulfil obligations, brought on 12 November 2002 — the Court (Second Chamber), composed of: C.W.A. Timmermans (Rapporteur), President of the Chamber, C. Gulmann, J.-P. Puissochet, J.N. Cunha Rodrigues and F. Macken, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has given a judgment on 7 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to put in place a procedure for the mutual recognition of diplomas as required by Council Directive 89/48/EEC 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 and 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 for access to the profession of special needs teacher in the hospital public service and the local public service, and by allowing to remain in force a national law and the practice of the classification committee which fails to take into account the professional experience of migrant workers, the French Republic has failed to fulfil its obligations under those directives and Article 39 EC.
            
         
               2.
            
            
               Orders the French Republic to pay the costs.
            
         
      (1)  OJ C 323 of 21.12.2002.