CELEX: C2003/019/39
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-432/02: Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Lendinara by order of that Court of 29 October 2002 in the case of Dr Lucio Trombin against Insight World Education Systems Limited

C 19/22                 EN                      Official Journal of the European Communities                                         25.1.2003
Pleas in law and main arguments                                            Pleas in law and main arguments
The system of quality labels introduced by the Regions of                  Article 10(1) of the Directive, as amended by Council Directive
Abruzzi and Sicily reserves the use of such labels solely to               94/31/EC (2) of 27 June 1994 amending Directive 91/689/EEC
products processed or prepared within those regions which                  on hazardous waste, requires Member States to bring into
comply with mandatory manufacturing rules. The quality of                  force the laws, regulations and administrative provisions
the products concerned is therefore explicitly linked to their             necessary to comply with that Directive by 27 June 1995, and
place of origin in Abruzzi or Sicily, which serves to create in            to inform the Commission forthwith. Article 10(3) of the
the mind of the consumer the impression that products from                 Directive provides that Member States shall communicate to
those regions are of a quality superior to that of others. The             the Commission the texts of the main provisions of national
use of that designation tends therefore to encourage consumers             law which they adopt in the field governed by the Directive.
to purchase such products rather than imported products,
stimulating their sale to the detriment of products from other
Member States.                                                             As a result of an assessment of the national legislation
                                                                           communicated, the Commission found the existence of a
                                                                           number of inconsistencies and gaps in the United Kingdom’s
It follows that the system of quality labels introduced by the             transposition. As the United Kingdom authorities have not
Regions of Abruzzi and Sicily constitutes a barrier to intra-              communicated any amending legislation designed to remedy
Community trade contrary to Article 28 EC.                                 the situation, except for a draft concerning Gibraltar which
                                                                           has not yet been adopted, the Commission concludes that the
                                                                           United Kingdom has failed to transpose correctly Articles 1(4),
                                                                           1(5), 2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
                                                                           and 5(2) of the Directive.
                                                                           (1 ) OJ L 377, 31.12.1991, p. 20.
                                                                           (2 ) OJ L 168, 2.7.1994, p. 28.
Action brought on 29 November 2002 by the Com-
mission of the European Communities against the United
                              Kingdom
                         (Case C-431/02)
                                                                           Reference for a preliminary ruling by the Ufficio del
                          (2003/C 19/38)                                   Giudice di Pace di Lendinara by order of that Court of
                                                                           29 October 2002 in the case of Dr Lucio Trombin against
                                                                                     Insight World Education Systems Limited
An action against the United Kingdom was brought before the                                         (Case C-432/02)
Court of Justice of the European Communities on 29 Novem-
ber 2002 by the Commission of the European Communities,
represented by Xavier Lewis and Minas Konstantinidis, acting                                         (2003/C 19/39)
as agents, with an address for service in Luxembourg.
The Applicant claims that the Court should:
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Ufficio del Giudice di
1)    declare that, by failing to adopt all the measures necessary         Pace di Lendinara (Office of the Lendinara Magistrate) of
      to comply with its obligations under Articles 1(4), 1(5),            29 October 2002, received at the Court Registry on 29 Novem-
      2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)     ber 2002, for a preliminary ruling in the case of Dr Lucio
      and 5(2) of Council Directive 91/689/EEC on hazardous                Trombin against Insight World Education Systems Limited on
      waste ( 1), the United Kingdom of Great Britain and                  the following questions:
      Northern Ireland has failed to fulfil its obligations under
      this Directive and under the Treaty establishing the
      European Community;                                                  1.    Are the rules or administrative practices of the national
                                                                                 legal order, such as those described at points III and IV
                                                                                 hereof, compatible with the principles of the EC Treaty
2)    order the United Kingdom to pay the costs.                                 concerning the free movement of persons (Article 39 et
 ---pagebreak--- 25.1.2003               EN                     Official Journal of the European Communities                                          C 19/23
     seq EC), the right of establishment (Article 43 et seq. EC)                      nationals on the basis of periods of study completed
     and freedom to provide services (Article 49 et seq. EC), as                      with foreign institutions operating in Italy even
     interpreted by the Court of Justice. Of particular relevance                     though they are approved and accredited by the
     in that regard are national rules and/or administrative                          competent public authorities in the Member State to
     practices which:                                                                 which they belong;
                                                                                 —    require production of an attestation from the diplo-
     —      impede the Italian establishment of a limited com-                        matic representation — Italian consulate in the
            pany whose principal business is in the United                            foreign country in which the degree was awarded —
            Kingdom from carrying on in the host state the                            proving actual residence in that country by the
            business of organising and administering courses of                       person concerned for the whole period of the
            study for preparation for university examinations,                        university studies;
            for which the company is duly authorised and
            accredited by the United Kingdom public auth-
            orities?                                                             —    limit recognition of degrees ‘solely’ to pursuit of a
                                                                                      profession already pursued in the State of origin,
                                                                                      thus precluding recognition for the purposes of
                                                                                      access to a regulated profession even though not
     —      discriminate as between nationals pursuing the same                       previously exercised.
            activities;
                                                                          3.     What is the meaning and scope of the expression ‘harmful
                                                                                 interruption (...) of vocational training’ in Council
     —      prohibit and/or seriously impede the Italian estab-
                                                                                 Decision 63/266/EEC (3) and does it cover the creation at
            lishment of that undertaking in obtaining, in another
                                                                                 national level by the public authorities of a permanent
            Member State and for valuable consideration, the
                                                                                 system of information which evidences that degrees
            services conducive to the pursuit of the abovemen-
                                                                                 awarded by a university, even though legally recognised
            tioned activity;
                                                                                 in the United Kingdom, cannot be recognised under
                                                                                 national legislation if they have been obtained on the
                                                                                 basis of periods of study completed in Italy.
     —      discourage students from enrolling in those courses
            of study;
                                                                          (1 ) OJ L 19 of 24.1.1989, p. 16.
                                                                          (2 ) OJ C 109 of 4.5.2002, p. 2.
     —      impede the professional training of enrolled students         (3 ) OJ 63 of 20.4.1963, p. 1338 (English special edition...: Series-I
            and the obtaining of an award capable of conferring                (63-64) p. 25).
            on its holder advantages either in securing access to
            a professional activity or in exercising it with greater
            reward in other Member States as well.
2.   On an interpretation — herein requested — of Article 2
     of Council Directive 89/48/EC ( 1), does that directive
     confer rights which may be relied on also before acqui-
     sition of the degree mentioned in Article 1 of the directive
     itself. If the reply to that question is affirmative, does the       Action brought on 29 November 2002 by the Com-
     directive itself, regard also being had to the judgment in           mission of the European Communities against the
     Case C-145/99 Commission v Italian Republic [2001] (2),                                     Kingdom of Belgium
     permit rules or administrative practices in the national
     legal order which:
                                                                                                   (Case C-433/02)
     —      make recognition of university degrees obtained on
            completion of training of at least three years’                                         (2003/C 19/40)
            duration subject to the discretion of the public
            authorities;
     —      grant recognition in Italy of degrees awarded by              An action against the Kingdom of Belgium was brought
            universities recognised in the United Kingdom only            before the Court of Justice of the European Communities on
            if completed after regular attendance for the whole           29 November 2002 by the Commission of the European
            course of studies at those universities, to the               Communities, represented by K. Banks, acting as Agent, with
            exclusion therefore of degrees awarded to Italian             an address for service in Luxembourg.