CELEX: C2006/060/82
Language: en
Date: 2006-03-11 00:00:00
Title: Case T-449/05: Action brought on  22 December 2005  — Dikigorikos Sillogos Ioanninon v European Parliament and Council of the European Union

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/42
            
         Action brought on 22 December 2005 — Dikigorikos Sillogos Ioanninon v European Parliament and Council of the European Union
   (Case T-449/05)
   (2006/C 60/82)
   Language of the case: Greek
   Parties
   
      Applicant: Dikigorikos Sillogos Ioanninon (Ioannina Lawyers' Association) (Ioannina, Greece) (represented by: Sotirios Athanasiou)
   
      Defendants: European Parliament and Council of the European Union
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (1), as regards Articles 11(c)(i) and (ii), 11(d), 12, 13, 50(3) thereof;
            
         
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               order the European Parliament and the Council to pay the costs.
            
         Pleas in law and main arguments
   The applicant Lawyers' Association, taking the view that the contested directive concerns it directly and individually as the competent national authority responsible for assessing the professional qualifications of those seeking registration as members, seeks by its action the annulment of certain provisions of that directive. In its opinion, those provisions equate a higher level of professional qualifications with the level directly below and allow a Member State to proceed, by its national provisions, to equate evidence of formal legal qualifications at university level with evidence of formal legal qualifications obtained at a lower educational level and to grant the same professional rights to holders of post-secondary level qualifications as to holders of university qualifications in law, albeit without their satisfying the requirements laid down by the home Member State.
   In support of its application, the applicant maintains that, in issuing the contested directive, the Community institutions went far beyond the limits of their competence and encroached upon the constitutional responsibilities of the Hellenic Republic as regards the organisation and structure of university-level education. In the same context, the applicant also alleges infringement of the principles of subsidiarity, proportionality, proximity, cohesion, avoidance of misuse and mutual respect between constitutional and Community authorities. It also alleges infringement of Article 6 EU in so far as it considers that, by the contested directive, the fundamental rights to free education, freedom to choose and exercise a profession and effective use of a recognised educational qualification have been infringed.
   The applicant further relies on infringement of the Community acquis and consequently a conflict between the contested directive and Articles 2 and 3 EU. Lastly it alleges that insufficient and contradictory reasons were given for the contested measure.
   
      (1)  OJ L 255 of 30.09.2005, p. 22.