CELEX: C2000/335/28
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (First Chamber) of 28 September 2000 in Case C-193/99 (reference for a preliminary ruling from the Sedgefield Magistrates' Court): Criminal proceedings against Graeme Edgar Hume (Social legislation relating to road transport — Weekly rest period — Postponement)

25.11.2000              EN                    Official Journal of the European Communities                                           C 335/15
2.    Orders Ireland to pay the costs.                                                     JUDGMENT OF THE COURT
                                                                                                   (Fourth Chamber)
(1) OJ C 6 of 8.1.2000.
                                                                                                  of 3 October 2000
                                                                         in Case C-371/97 (reference for a preliminary ruling from
                                                                         the Tribunale Civile e Penale di Venezia): Cinzia Gozza
                                                                         and Others v Università degli Studi di Padova and
                                                                                                        Others (1)
                 JUDGMENT OF THE COURT
                                                                         (Right of establishment — Freedom to provide services —
                                                                         Doctors — Medical specialties — Training periods —
                         (First Chamber)                                                   Remuneration — Direct effect)
                      of 28 September 2000                                                          (2000/C 335/29)
in Case C-193/99 (reference for a preliminary ruling from
the Sedgefield Magistrates’ Court): Criminal proceedings
                                                                                              (Language of the case: Italian)
                against Graeme Edgar Hume (1)
(Social legislation relating to road transport — Weekly rest
                     period — Postponement)                              (Provisional translation; the definitive translation will be published
                                                                                             in the European Court Reports)
                         (2000/C 335/28)
                                                                         In Case C-371/97: reference to the Court under Article 177 of
                                                                         the EC Treaty (now Article 234 EC) from the Tribunale Civile
                   (Language of the case: English)                       e Penale di Venezia (Civil and Criminal District Court, Venice),
                                                                         Italy, for a preliminary ruling in the proceedings pending
                                                                         before that court between Cinzia Gozza and Others and
In Case C-193/99: reference to the Court Article 234 EC from             Università degli Studi di Padova and Others — on the
the Sedgefield Magistrates’ Court, United Kingdom, for a                 interpretation of Council Directive 82/76/EEC of 26 January
preliminary ruling in the criminal proceedings pending before            1982 amending Directive 75/362/EEC concerning the mutual
that court against Graeme Edgar Hume on the interpretation               recognition of diplomas, certificates and other evidence of
of Article 8(5) of Council Regulation (EEC) No 3820/85 of                formal qualifications in medicine, including measures to
20 December 1985 on the harmonisation of certain social                  facilitate effective exercise of the right of establishment and
legislation relating to road transport (OJ 1985 L 370, p. 1) —           freedom to provide services, and Directive 75/363/EEC con-
the Court (First Chamber), composed of: L. Sevón, President of          cerning the coordination of provisions laid down by law,
the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;               regulation or administrative action in respect of activities of
S. Alber, Advocate General; R. Grass, Registrar, has given a             doctors (OJ 1982 L 43, p. 21) — the Court (Fourth Chamber),
judgment on 28 September 2000, in which it has ruled:                    composed of: D.A.O. Edward (Rapporteur), President of the
                                                                         Chamber, A. La Pergola and H. Ragnemalm, Judges; P. Léger,
                                                                         Advocate General; H. von Holstein, Deputy Registrar, has
Article 8(5) of Council Regulation (EEC) No 3820/85 of                   given a judgment on 3 October 2000, in which it has ruled:
20 December 1985 on the harmonisation of certain social legislation
relating to road transport must be interpreted as meaning that a
driver who elects to postpone his weekly rest period until the week      On a proper construction of Article 2(1)(c) of Council Directive
following that in which it becomes due must take two weekly rest         75/363/EEC of 16 June 1975 concerning the coordination of
periods, consecutively and without any break between them, in that       provisions laid down by law, regulation or administrative action in
second week.                                                             respect of activities of doctors and point 1 of the annex to that
                                                                         directive, as amended by Council Directive 82/76/EEC of 26 January
                                                                         1982 amending Directive 75/362/EEC concerning the mutual
                                                                         recognition of diplomas, certificates and other evidence of formal
(1) OJ C 204 of 17.7.1999.                                               qualifications in medicine, including measures to facilitate effective
                                                                         exercise of the right of establishment and freedom to provide services
                                                                         and Directive 75/363, and of Article 3(2) of Directive 75/363 and
                                                                         point 2 of the annex to that directive, as amended by Directive
                                                                         82/76: