CELEX: C2003/184/08
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 19 June 2003 in Case C-110/01 (Reference for a preliminary ruling from the Conseil d'État): Malika Tennah-Durez v Conseil national de l'ordre des médecins (Directive 93/16/EEC — Free movement of doctors and mutual recognition of their diplomas, certificates and other evidence of formal qualifications — Article 23(2) — Conditions of training required — Length of training — Inclusion of periods of training received in a third country — Article 9(5) — Certificate stating that the diploma was awarded following training complying with the requisite conditions — Re-examination of the conditions of training by the host Member State for the purposes of recognising the diploma)

2.8.2003                 EN                           Official Journal of the European Union                                                 C 184/5
                    JUDGMENT OF THE COURT                                           of the directive and was awarded following training in accor-
                                                                                    dance with the provisions of Title III thereof. In the event of
                                                                                    new factors coming to light which give rise to serious doubts as
                            (Fifth Chamber)                                         to the authenticity of the diploma submitted to them or as to
                                                                                    whether it complies with the applicable rules, it is permissible
                                                                                    for them to re-open the matter of verification with the autho-
                            of 19 June 2003                                         rities of the Member State awarding the relevant diploma.
in Case C-110/01 (Reference for a preliminary ruling from                     (1) OJ C 118, 21.4.2001.
the Conseil d'État): Malika Tennah-Durez v Conseil
                 national de l'ordre des médecins (1)
(Directive 93/16/EEC — Free movement of doctors and
mutual recognition of their diplomas, certificates and other
evidence of formal qualifications — Article 23(2) — Condi-
tions of training required — Length of training — Inclusion
of periods of training received in a third country — Article 9                                   JUDGMENT OF THE COURT
(5) — Certificate stating that the diploma was awarded
following training complying with the requisite conditions                                              (Second Chamber)
— Re-examination of the conditions of training by the host
 Member State for the purposes of recognising the diploma)
                                                                                                          of 5 June 2003
                            (2003/C 184/08)
                                                                              in Case C-121/01 P: Eoghan O'Hannrachain v European
                                                                                                           Parliament (1)
                      (Language of the case: French)
                                                                              (Appeals — Officials — Grade A 1 post — Article 29(2) of
                                                                              the Staff Regulations — Notice of vacancy — Documents
(Provisional translation; the definitive translation will be published in                    drawn up after the contested decision)
                       the European Court Reports)
                                                                                                         (2003/C 184/09)
In Case C-110/01: Reference to the Court under Article 234                                         (Language of the case: French)
EC by the Conseil d'État (France) for a preliminary ruling in
the proceedings pending before it between Malika Tennah-
Durez and Conseil national de l'ordre des médecins, on the                    (Provisional translation; the definitive translation will be published in
interpretation of Article 9(5) and Article 23(2) of Council                                         the European Court Reports)
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 qualifica-
tions (OJ 1993 L 165, p. 1), the Court (Fifth Chamber),                       In Case C-121/01 P, Eoghan O'Hannrachain, official of the
composed of: C.W.A. Timmermans, President of the Fourth                       European Parliament, residing in Cents (Luxembourg), repre-
Chamber, acting as President of the Fifth Chamber, D.A.                       sented by G. Vandersanden and L. Levi, avocats: Appeal against
O. Edward (Rapporteur), P. Jann, S. von Bahr and A. Rosas,                    the judgment of the Court of First Instance of the European
Judges; F.G. Jacobs, Advocate General; M.-F. Contet, Principal                Communities (Fifth Chamber) of 16 January 2001 in Case
Administrator, for the Registrar, has given a judgment on                     T-97/99 Chamier and O'Hannrachain v Parliament [2001]
19 June 2003, in which it has ruled:                                          ECR-SC I-A-1 and II-1, seeking to have that judgment set aside
                                                                              in part, the other party to the proceedings being: European
                                                                              Parliament (Agents: J. Schoo, H. von Hertzen and D. Moore),
1.    The medical training required by Article 23(2) of Council               the Court (Second Chamber), composed of: J.-P. Puissochet,
      Directive 93/16/EEC of 5 April 1993 to facilitate the free              President of the Sixth Chamber, acting for the President of
      movement of doctors and the mutual recognition of their                 the Second Chamber, V. Skouris and N. Colneric (Rapporteur),
      diplomas, certificates and other evidence of formal qualifications      Judges; L.A. Geelhoed, Advocate General; H. von Holstein,
      may comprise training received even mainly in a third country,          Deputy Registrar, has given a judgment on 5 June 2003, in
      provided that the competent authority of the Member State               which it:
      awarding the diploma is in a position to validate the training
      and to conclude on that basis that it duly serves to meet the
      requirements for the training of doctors laid down by the               1.    Dismisses the appeal;
      directive.
                                                                              2.    Orders Mr O'Hannrachain to pay the costs.
2.    The authorities of the host Member State are bound by a
      certificate, issued in accordance with Article 9(5) of Directive        (1) OJ C 150, 19.5.2001.
      93/16, which states that the relevant diploma is treated as one
      of the qualifications or designations set out in Article 3, 5 or 7