CELEX: C1999/226/30
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-202/99: Action brought on 26 May 1999 by the Commission of the European Communities against the Italian Republic

7.8.1999                EN                     Official Journal of the European Communities                                       C 226/19
having enacted the provisions necessary to comply with the                2. The ‘recognition’ directive precludes a doctor who holds a
directives referred to in the conclusions of the Commission.                   single degree and a single professional qualification from
                                                                               being included simultaneously in the register of medical
                                                                               practitioners and in that of dental practitioners;
(1) of 22 December 1995, OJ L 332, 30.12.1995, p. 10.
(2) Council Directive 77/99/EEC of 21 December 1976 on health             3. It appears to the Commission that, so far as professional
    problems affecting intra-Community trade in meat products OJ               title is concerned, doctors who practise in Italy mainly as
    L 026, 31.1.1977, p. 85.                                                   dentists do not practise with the title ‘odontoiatra’ (dental
(3) of 17 December 1996, OJ L 013, 16.1.1997, p. 24.                           practitioner) but with that of ‘medico dentists’ (doctor
(4) of 17 December 1992, OJ L 062, 15.3.1993, p. 49.                           dentist), a title which was not notified to the Commission.
(5) of 11 December 1989 concerning veterinary checks in intra-
    Community trade with a view to the completion of the internal              The Commission submits that the present situation runs
    market. OJ L 395, 30.12.89, p. 13.                                         counter to the coordinated system established by the
(6) of 26 June 1990 concerning veterinary and zootechnical checks              ‘dental practitioner’ directives. A situation of this kind
    applicable in intra-Community trade in certain live animals and            creates confusion in a host Member State and adversely
    products with a view to the completion of the internal market. OJ          affects professionals seeking to exercise their right of free
    L 224, 18.8.1990, p. 29.                                                   movement, whose qualifications may be challenged by the
                                                                               host State and held to be at variance with the directives.
                                                                          (1) Council directive of 25.7.1978, OJ L 233 of 24 August 1978,
                                                                              p. 10.
Action brought on 26 May 1999 by the Commission of
  the European Communities against the Italian Republic                   Reference for a preliminary ruling by the Højesteret by
                                                                          order of 21 May 1999 in the case of Henning Veedfald v
                          (Case C-202/99)                                                      Århus Regional Authority
                                                                                                    (Case C-203/99)
                          (1999/C 226/30)
                                                                                                    (1999/C 226/31)
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 26 May
1999 by the Commission of the European Communities,                       Reference has been made to the Court of Justice of the
represented by Enrico Traverso, Legal Adviser, and Bernard                European Communities by order of 21 May 1999 by the
Mongin, of its Legal Service, acting as Agents, with an address           Højesteret (Danish Supreme Court), which was received at the
for service in Luxembourg at the office of Carlos Gómez de la            Court Registry on 26 May 1999, for a preliminary ruling in
Cruz, Wagner Centre, Rue Alcide de Gasperi.                               the case of Henning Veedfald v Århus Regional Authority on
                                                                          the following questions:
The applicant claims that the Court should:
                                                                          Question 1:
1. declare that, by maintaining a second system of training
     for entry into the dental profession which is contrary to            Must Article 7(a) of Council Directive 85/374/EEC (1) of 25 July
     Directive 78/687/EEC (1), and by maintaining the possi-              1985 be construed as meaning that a defective product is not
     bility for doctors who practise as dentists to be doubly             put into circulation if the producer of the defective product, in
     registered in the registers of medical and dental prac-              the course of providing a specific medical service, produces
     titioners, the Italian Republic has failed to fulfil its obli-       and uses the product on a human organ which, at the time
     gations under Directive 78/687/EEC;                                  when the damage occurred, had been removed from a donor’s
                                                                          body in order to be prepared for transplant into another
                                                                          person’s body, with resulting damage to the organ?
2. order the Italian Republic to pay the costs.
                                                                          Question 2:
Pleas in law and main arguments
                                                                          Must Article 7(c) of Council Directive 85/374/EEC of 25 July
1. It is clear to the Commission that the second training                 1985 be construed as meaning that a publicly owned hospital
     provided for by Law No 409 of 24 July 1985 (dental                   is free from liability under the directive for products produced
     training lasting three years) does not meet the mandatory            and used by that hospital in the course of providing a specific
     requirements of Article 1 of the ‘coordination’ directive,           publicly financed service to the person suffering injury and in
     which calls for special dental training lasting five years;          respect of which that person has not paid any consideration?