CELEX: C2001/095/01
Language: en
Date: 2001-03-24 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 23 November 2000 in Case C-421/98: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Articles 2 and 10 of Directive 85/384/EEC — Restrictions on the exercise of activities as an architect according to the definition of the profession in the Member State in which the relevant qualification was obtained)

24.3.2001               EN                      Official Journal of the European Communities                                                   C 95/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       services (OJ 1985 L 223, p. 15) ‘may not pursue in Spain
                                                                             activities other than those which they are authorised to pursue
                                                                             in their country of origin on the basis of the qualifications
                          (Fifth Chamber)                                    awarded by the latter, unless they collaborate with another
                                                                             member of the profession who is authorised to pursue those
                                                                             activities and who holds a qualification which is likewise
                      of 23 November 2000                                    recognised under Spanish law’, the Kingdom of Spain has
                                                                             failed to fulfil its obligations under Articles 2 and 10 of that
                                                                             directive — the Court (Fifth Chamber), composed of: A. La
in Case C-421/98: Commission of the European Communi-                        Pergola, President of the Chamber, D.A.O. Edward (Rappor-
                   ties v Kingdom of Spain (1)                               teur) and P. Jann, Judges, S. Alber, Advocate General; R. Grass,
                                                                             Registrar, has given a judgment on 23 November 2000, in
                                                                             which it:
(Failure by a Member State to fulfil its obligations —
Articles 2 and 10 of Directive 85/384/EEC — Restrictions
on the exercise of activities as an architect according to the               1.    Declares that, by providing, in Article 10(2) of Real Decreto
definition of the profession in the Member State in which                          1081/1989 of 28 August 1989, that persons holding
            the relevant qualification was obtained)                               qualifications in architecture awarded by another Member State
                                                                                   and recognised under Council Directive 85/384/EEC of 10 June
                                                                                   1985 on the mutual recognition of diplomas, certificates and
                           (2001/C 95/01)                                          other evidence of formal qualifications in architecture, including
                                                                                   measures to facilitate the effective exercise of the right of
                                                                                   establishment and freedom to provide services, may not pursue
                                                                                   in Spain activities other than those which they are authorised to
                   (Language of the case: Spanish)                                 pursue in their country of origin on the basis of the qualifications
                                                                                   awarded by the latter, unless they collaborate with another
                                                                                   member of the profession who is authorised to pursue those
                                                                                   activities and who holds a qualification which is likewise
(Provisional translation; the definitive translation will be published             recognised under Spanish law, the Kingdom of Spain has failed
                   in the European Court Reports)                                  to fulfil its obligations under Articles 2 and 10 of that directive;
In Case C-421/98, Commission of the European Communities                     2.    Orders the Kingdom of Spain to pay the costs.
(Agents: I. Martı́nez del Peral and M. B. Mongin) v Kingdom of
Spain (Agent: M. López-Monı́s Gallego) — application for a
declaration that, by providing, in Article 10(2) of Real Decreto
1081/1989 of 28 August 1989 (Boletı́n Oficial del Estado
No 214 of 7 September 1989, p. 28449), that holders of                       (1) OJ C 20 of 23.1.1999.
qualifications in architecture awarded by another Member
State and recognised under Council Directive 85/384/EEC of
10 June 1985 on the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in
architecture, including measures to facilitate the effective
exercise of the right of establishment and freedom to provide