CELEX: C2002/118/06
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) 21 March 2002 in Case C-298/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 85/384/EEC — Mutual recognition of formal qualifications in architecture — Access to the profession of architect — Article 59 of the EC Treaty (now, afteramendment, Article 49 EC))

C 118/4                 EN                      Official Journal of the European Communities                                      18.5.2002
1.    Dismisses the application;                                           (1) by failing to adopt all the measures necessary to
                                                                                implement Articles 4(1), second subparagraph, 4(2), 7,
                                                                                11 and 14 of Council Directive 85/384/EEC of 10 June
2.    Orders the Kingdom of the Netherlands to pay the costs;                   1985 on the mutual recognition of diplomas, certificates
                                                                                and other evidence of formal qualifications in architec-
                                                                                ture, including measures to facilitate the effective exercise
3.    Orders the Kingdom of Spain to bear its own costs.                        of the right of establishment and freedom to provide
                                                                                services (OJ 1985 L 223, p. 15), as amended by Council
                                                                                Directive 86/17/EEC of 27 January 1986 amending, on
                                                                                account of the accession of Portugal, Directive 85/384
(1) OJ C 226 of 7.8.1999.                                                       (OJ 1986 L 27, p. 71, and — corrigendum — L 87,
                                                                                p. 36);
                                                                           (2) by adopting
                                                                                —     Article 4(2)(a) of Legislative Decree No 129 of the
                                                                                      President of the Republic of 27 January 1992
                                                                                      (GURI No 41 of 19 February 1992, p. 18) and
                                                                                      Article 4(1)(a) of Decree No 776 of the Minister
                                                                                      for Universities and Scientific and Technological
                                                                                      Research of 10 June 1994 (GURI No 234 of
                                                                                      6 October 1995, p. 3), which impose a general
                 JUDGMENT OF THE COURT                                                obligation to produce the original diploma or a
                                                                                      certified copy thereof,
                          (Fifth Chamber)                                       —     Article 4(2)(c) of Decree No 129/92 and
                                                                                      Article 4(1)(c) of Decree No 776/94, which impose
                                                                                      a general obligation to produce a certificate of
                                                                                      nationality,
                           21 March 2002
                                                                                —     Article 4(3) of Decree No 129/92 and Article 10 of
                                                                                      Decree No 776/94, which require as a matter of
in Case C-298/99: Commission of the European Communi-                                 course an official translation of documents,
                     ties v Italian Republic (1)
                                                                                —     Article 11(1)(c) and (d) of Decree No 129/92, which
                                                                                      extends the validity of certificates beyond 5 August
(Failure by a Member State to fulfil its obligations —                                1987;
Directive 85/384/EEC — Mutual recognition of formal
qualifications in architecture — Access to the profession of
architect — Article 59 of the EC Treaty (now, afteramend-                  (3) by prohibiting architects providing services in Italy from
                       ment, Article 49 EC))                                    having an infrastructure in Italy (Article 9(1) of Decree
                                                                                No 129/92);
                                                                           (4) by requiring architects providing services to register with
                          (2002/C 118/06)
                                                                                the local provincial council of the professional body for
                                                                                architects (Article 9(3) of Decree No 129/92 and
                                                                                Articles 7 and 8 of Decree No 776/94) in a manner
                    (Language of the case: Italian)                             contrary to Article 22 of Directive 85/384, and
                                                                           (5) by applying Article 4(6) to 4(8) of Decree No 129/92 in
(Provisional translation; the definitive translation will be published          a manner contrary to Article 20(1) of Directive 85/384,
                   in the European Court Reports)                               the Italian Republic has failed to fulfil its obligations
                                                                                under Articles 12, 20, 22, 27 and 31 of Directive 85/384
                                                                                and, in respect of point 3 above, under Article 59 of the
                                                                                EC Treaty (now, after amendment, Article 49 EC),
                                                                           the Court (Fifth Chamber), composed of: P. Jann, President of
In Case C-298/99, Commission of the European Communities                   the Chamber, S. von Bahr, D.A.O. Edward (Rapporteur), A. La
(Agents: E. Traversa and E. Montaguti) v Italian Republic                  Pergola and C.W.A. Timmermans, Judges; S. Alber, Advocate
(Agent: U. Leanza, assisted by G. Aiello): Application for a               General; L. Hewlett, Administrator, for the Registrar, has given
declaration that:                                                          a judgment on 21 March 2002, in which it:
 ---pagebreak--- 18.5.2002              EN                      Official Journal of the European Communities                                                C 118/5
1.   Declares that:                                                             —     by requiring, under Article 9(3) of Decree No 129/92
                                                                                      and Articles 7 and 8 of Decree No 776/94, architects
                                                                                      established in other Member States who wish to provide
                                                                                      services in Italy to register with the local provincial council
     —    by failing to adopt all the measures necessary to implement                 of the professional body for architects and by delaying, by
          Articles 4(1), second subparagraph, 4(2), 11(k), seventh                    that formality, in breach of Article 22 of Directive 85/
          indent, and 14 of Council Directive 85/384/EEC of                           384, the provision by architects of their first services in
          10 June 1985 on the mutual recognition of diplomas,                         Italy,
          certificates and other evidence of formal qualifications in
          architecture, including measures to facilitate the effective          the Italian Republic has failed to fulfil its obligations under
          exercise of the right of establishment and freedom to                 Articles 12, 22, 27 and 31 of Directive 85/384 and, in
          provide services, as amended by Council Directive 86/17/              respect of the prohibition under Article 9(1) of Decree No 129/
          EEC of 27 January 1986 amending, on account of the                    92, under Article 59 of the Treaty;
          accession of Portugal, Directive 85/384,
                                                                          2.    Dismisses the application as to the remainder;
                                                                          3.    Orders the Italian Republic to pay the costs.
     —    by failing to adopt all the measures necessary to implement
          the automatic recognition of diplomas, certificates and
          other evidence of formal qualifications in accordance with      (1) OJ C 299 of 16.10.1999.
          Articles 2, 3, 7, 8 and 9 of Directive 85/384,
     —    by adopting Article 4(2)(a) of Legislative Decree No 129
          of the President of the Republic of 27 January 1992
          which, in breach of Articles 52 and 59 of the EC Treaty
                                                                                             JUDGMENT OF THE COURT
          (now, after amendment, Articles 43 EC and 49 EC), lays
          down a general requirement that the application for
          recognition of a qualification be accompanied by the                                         19 March 2002
          original diploma or a certified copy thereof,
                                                                          in Joined Cases C-393/99 and C-394/99 (Reference for a
                                                                          preliminary ruling from the Tribunal du travail de Tour-
                                                                          nai): Institut national d’assurances sociales pour travail-
     —    by adopting Article 4(2)(c) of Decree No 129/92 and             leurs indépendants (Inasti) v Claude Hervein, Hervillier
          Article 4(1)(c) of Decree No 776 of the Minister for            SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/
          Universities and Scientific and Technological Research of                                          99) (1)
          10 June 1994 which, in breach of Article 52 of the
          Treaty, lay down a general requirement that the appli-
          cation for recognition of a qualification be accompanied        (Freedom of movement for workers and freedom of establish-
          by a certificate of nationality,                                ment — Social security — Determination of the legislation
                                                                          applicable — Persons who are simultaneously employed and
                                                                          self-employed in the territory of different Member States —
                                                                          Cover by the social security legislation of each of those States
     —    by adopting Article 4(3) of Decree No 129/92 and                — Validity of Article 14c(1)(b), now Article 14c(b), of and
          Article 10 of Decree No 776/94 which, in breach of                       Annex VII to Regulation (EEC) No 1408/71)
          Article 52 of the Treaty, require as a matter of course an
          official translation of all documents attached to an                                        (2002/C 118/07)
          application for recognition of a qualification,
                                                                                                (Language of the case: French)
     —    by adopting Article 11(1)(c) and (d) of Decree No 129/          (Provisional translation; the definitive translation will be published
          92 which, in breach of Article 12 of Directive 85/384,                               in the European Court Reports)
          provides for the recognition of qualifications acquired after
          5 August 1987,
                                                                          In Joined Cases C-393/99 and C-394/99: Reference to the
                                                                          Court under Article 234 EC by the Tribunal du travail, Tournai
     —    by retaining Article 9(1) of Decree No 129/92 which, in         (Belgium), for a preliminary ruling in the proceedings pending
          breach of Article 59 of the Treaty, imposes a general           before that court between Institut national d’assurances socia-
          prohibition on architects established in other Member           les pour travailleurs indépendants (Inasti) and Claude Hervein,
          States who wish to provide services in Italy from creating      Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA
          on Italian territory a principal or secondary place of          (C-394/99), on the validity of Article 14c(1)b, now
          business,                                                       Article 14c(b), of and Annex VII to Regulation (EEC)