CELEX: 62008CA0586
Language: en
Date: 2009-12-17 00:00:00
Title: Case C-586/08: Judgment of the Court (Eighth Chamber) of 17 December 2009 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Angelo Rubino v Ministero dell’Università e della Ricerca (Directive 2005/36/EC — Recognition of diplomas — Regulated profession — Selection of a predefined number of persons on the basis of a comparative assessment conferring a qualification limited in time — National academic qualification for appointment — University lecturer)

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/11
            
         Judgment of the Court (Eighth Chamber) of 17 December 2009 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Angelo Rubino v Ministero dell’Università e della Ricerca
   (Case C-586/08) (1)
   
   (Directive 2005/36/EC - Recognition of diplomas - ‘Regulated profession’ - Selection of a predefined number of persons on the basis of a comparative assessment conferring a qualification limited in time - National academic qualification for appointment - University lecturer)
   2010/C 51/17
   Language of the case: Italian
   
      Referring court
   
   Tribunale amministrativo regionale del Lazio
   
      Parties to the main proceedings
   
   
      Applicant: Angelo Rubino
   
      Defendant: Ministero dell’Università e della Ricerca
   
      Re:
   
   Reference for a preliminary ruling — Tribunale Amministrativo Regionale del Lazio — Interpretation of Articles 3(1)(c) EC and 47(1) EC and of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications — National legislation which does not allow for the recognition of the professional qualification of university lecturer obtained in another Member State
   
      Operative part of the judgment
   
   The fact that access to a profession is reserved to candidates who have been successful in a procedure to select a predefined number of persons on the basis of a comparative assessment of the candidates rather than by application of absolute criteria, which confers a qualification the validity of which is strictly limited in time, does not mean that that profession constitutes a regulated profession within the meaning of Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.
   Nevertheless, Articles 39 EC and 43 EC require qualifications obtained in other Member States to be accorded their proper value and to be duly taken into account in such a procedure.
   
      (1)  OJ C 55, 7.3.2009.