CELEX: C1998/312/01
Language: en
Date: 1998-10-10 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 16 July 1998 in Case C-93/97 (reference for a preliminary ruling from the Cour d'Arbitrage of Belgium): Fédération Belge des Chambres Syndicales de Médecins ASBL v. Flemish Government, Government of the French Community, Council of Ministers (Directive 93/16/EEC - Specific training in general medical practice - Article 31)

10.10.98              EN                  Official Journal of the European Communities                                       C 312/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
                JUDGMENT OF THE COURT                                      diploma, certificate or other evidence of formal
                       (Fifth Chamber)                                     qualifications referred to in Article 3 of that Directive
                                                                           must first be obtained.
                        of 16 July 1998
in Case C-93/97 (reference for a preliminary ruling from              2. The nature of the activities which a trainee must
the Cour d'Arbitrage of Belgium): FeÂdeÂration Belge des                   pursue in the course of his specific training in general
Chambres Syndicales de MeÂdecins ASBL v. Flemish                           medical practice in implementation of Article 31(1)(d)
Government, Government of the French Community,                            of Directive 93/16/EEC does not necessarily imply
                    Council of Ministers (1)                               that he should have obtained a diploma, certificate or
                                                                           other evidence of formal qualifications referred to in
(Directive 93/16/EEC Ð Specific training in general                        Article 3 before starting such training. It is for the
                 medical practice Ð Article 31)                            Member States to determine whether, and if so to
                         (98/C 312/01)                                     what extent, the participation of a person undergoing
                                                                           training in general medical practice in the professional
                                                                           activities and responsibilities of the persons with
                 (Language of the case: French)                            whom he works in the course of his training means
                                                                           that he should hold the diploma, certificate or other
                                                                           evidence of formal qualifications referred to in
  (Provisional translation; the definitive translation will be
                                                                           Article 3 of that Directive.
          published in the European Court Reports)
                                                                      (1) OJ C 131, 26.4.1997.
In Case C-93/97: reference to the Court under Article 177
of the EC Treaty from the Cour d'Arbitrage of Belgium
for a preliminary ruling in the proceedings pending before
that court between FeÂdeÂration Belge des Chambres Syndi-
cales de MeÂdecins ASBL and Flemish Government,
Government of the French Community, Council of                                       JUDGMENT OF THE COURT
Ministers Ð on the interpretation of Article 31 of Council                                   (Sixth Chamber)
Directive 93/16/EEC of 5 April 1993 to facilitate the free
movement of doctors and the mutual recognition of their                                       of 16 July 1998
diplomas, certificates and other evidence of formal                          in Case C-339/97: Commission of the European
qualifications (OJ L 165, 7.7.1993, p. 1) Ð the Court                        Communities v. Grand Duchy of Luxembourg (1)
(Fifth Chamber), composed of: C. Gulmann, President of
Chamber, J. C. Moitinho de Almeida, D. A. O. Edward                   (Failure of a Member State to fulfil its obligations Ð
(Rapporteur), J.-P. Puissochet and P. Jann, Judges; G.                  Failure to transpose Directives 94/15/EC and 94/51/EC)
Cosmas, Advocate-General; H. von Holstein, Deputy                                              (98/C 312/02)
Registrar, has given a judgment on 16 July 1998, in which
it has ruled:                                                                         (Language of the case: French)
1. Article 31(1)(a) of Council Directive 93/16/EEC of                   (Provisional translation; the definitive translation will be
     5 April 1993 to facilitate the free movement of                            published in the European Court Reports)
     doctors and the mutual recognition of their diplomas,
     certificates and other evidence of formal qualifications         In Case C-339/97: Commission of the European
     does not make access to specific training in general             Communities (Agent: Götz zur Hausen) v. Grand Duchy
     medical practice subject to the condition that a                 of Luxembourg (Agent: Nicolas Schmit) Ð application for