CELEX: C2006/224/24
Language: en
Date: 2006-09-16 00:00:00
Title: Case C-221/05: Judgment of the Court (Third Chamber) of 13 July 2006 (reference for a preliminary ruling from the Supreme Court — Ireland) — Sam Mc Cauley Chemists (Blackpool) Ltd, Mark Sadja v Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland, Attorney General (Directive 85/433/EEC — Mutual recognition of diplomas — Pharmacists — Recognition of diplomas held by pharmacists working in new pharmacies open to the public — Scope of the discretion enjoyed by Member States)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/13
            
         Judgment of the Court (Third Chamber) of 13 July 2006 (reference for a preliminary ruling from the Supreme Court — Ireland) — Sam Mc Cauley Chemists (Blackpool) Ltd, Mark Sadja v Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland, Attorney General
   (Case C-221/05) (1)
   
   (Directive 85/433/EEC - Mutual recognition of diplomas - Pharmacists - Recognition of diplomas held by pharmacists working in new pharmacies open to the public - Scope of the discretion enjoyed by Member States)
   (2006/C 224/24)
   Language of the case: English
   Referring court
   Supreme Court
   Parties to the main proceedings
   
      Applicants: Sam Mc Cauley Chemists (Blackpool) Ltd, Mark Sadja
   
      Defendants: Pharmaceutical Society of Ireland, Minister for Health and Children, Ireland, Attorney General
   Re:
   Reference for a preliminary ruling — Supreme Court of Ireland — Interpretation of Article 2(1) and (2) of Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (OJ 1985 L 253, p. 37) — Scope of the discretion enjoyed by Member States in regard to the recognition of diplomas held by pharmacists working in new pharmacies open to the public
   Operative part of the judgment
   Article 2 of Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy, must be interpreted as meaning that a Member State which complies merely with the minimal level of recognition of diplomas laid down by that directive is not exercising any discretion conferred by that directive.
   
      (1)  OJ C 182, 23.07.2005.