CELEX: C2003/226/21
Language: en
Date: 2003-09-20 00:00:00
Title: Case C-336/03: Reference for a preliminary ruling by the High Court of Justice (England & Wales), Chancery Division, by order of that court dated 21 July 2003, in the case of easyCar (UK) Ltd against Office of Fair Trading

C 226/12                EN                         Official Journal of the European Union                                          20.9.2003
A.    Can Article 3(a), in conjunction with Article 4(1), of               Does the term ‘contracts for the provision of [...] transport [...]
      Council Directive 89/48/EEC of 21 December 1988 on a                 services’, in Article 3(2) of Directive 97/7/EC (1) on the protec-
      general system for the recognition of higher-education               tion of consumers in respect of distance contracts, include
      diplomas awarded on completion of professional education             contracts for the provision of car hire services?
      and training of at least three years" duration (1) be con-
      strued in such a way as to permit restricted recognition by a
      host Member State of the professional qualifications of an
      applicant who possesses the diploma of Ingegnere civile
      idraulico [civil engineer specialising in hydraulics] (awarded       (1) Directive 97/7/EC of the European Parliament and of the Council
      in Italy) and who wishes to pursue that profession in                    of 20 May 1997 on the protection of consumers in respect of
      another Member State whose legislation regulates the pro-                distance contracts — Statement by the Council and the Parliament
      fession of Ingeniero de Caminos, Canales y Puertos [civil                re Article 6(1) — Statement by the Commission re Article 3(1),
                                                                               first indent (OJ L 144, 4.6.1997, p. 19).
      engineer]? The question is based on the assumption that the
      latter profession comprises, in the host Member State, activ-
      ities which do not correspond in all cases to those covered
      by the applicant's diploma and that the evidence of educa-
      tion and training adduced by the applicant does not cover
      certain of the core matters which are generally required for
      the award of the qualification of Ingeniero de Caminos,              Action brought on 1 August 2003 by the Commission of
      Canales y Puertos (civil engineer) in the host Member State.         the European Communities against the Federal Republic of
                                                                                                         Germany
B.   Should the reply to the first question be in the affirmative,
     is it compatible with Articles 39 and 43 EC to restrict the                                     (Case C-339/03)
     right of applicants who seek to pursue their professions, in
     a self-employed or employed capacity, in a Member State                                         (2003/C 226/22)
     other than the one in which they were awarded their
     professional qualification, in such a way that the host               An action against the Federal Republic of Germany was
     Member State is entitled to exclude, under its national               brought before the Court of Justice of the European
     legislation, restricted recognition of professional qualifica-        Communities on 1 August 2003 by the Commission of the
     tions where such a decision, which in principle implements            European Communities, represented by J.-C. Schieferer and
     Article 4 (1)(b) of Directive 89/48/EEC, entails the imposi-          M. Van Beek, members of the legal service of the Commission
     tion of certain additional, disproportionate requirements             of the European Communities, with an address for service in
     as regards pursuit of the profession?                                 Luxembourg.
     For these purposes, ‘restricted recognition’ is understood to
     mean that which authorises an applicant to work as an                 The Commission of the European Communities claims that the
     engineer only in the equivalent sector (hydraulics) of the            Court should:
     more general profession of Ingeniero de Caminos, Canales y
     Puertos (civil engineer) regulated in the host Member State,          1.    find that, by failing to adopt all the laws, regulations and
     without requiring him to fulfil the additional requirements                 administrative provisions (in particular the laws, regula-
     laid down in Article 4 (1)(b) of Directive 89/48/EEC.                       tions and administrative provisions for the full implemen-
                                                                                 tation of the Directive in the Bundesländer, with the
                                                                                 exception of Bremen, Hamburg, Hessen, and Baden-
(1) OJ L 19, 24.1.1989, p. 16.                                                   Württemberg Niedersachsen) necessary to comply with
                                                                                 Council Directive 1999/22/EC (1) of 29 March 1999 relat-
                                                                                 ing to the keeping of wild animals in zoos or, in any event,
                                                                                 by failing to communicate the same to the Commission,
                                                                                 the Federal Republic of Germany has failed to fulfil its
                                                                                 obligations under Article 9 of that directive;
Reference for a preliminary ruling by the High Court of
Justice (England & Wales), Chancery Division, by order of                  2.    order the Federal Republic of Germany to pay the costs.
that court dated 21 July 2003, in the case of easyCar (UK)
                Ltd against Office of Fair Trading
                                                                           Pleas in law and main arguments
                          (Case C-336/03)
                                                                           The time-limit for implementing the directive expired on
                          (2003/C 226/21)                                  9 April 2002 without all the Bundesländer having adopted
                                                                           the necessary provisions.
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England & Wales), Chancery Division, dated 21 July
2003, which was received at the Court Registry on 30 July
2003, for a preliminary ruling in the case of easyCar (UK) Ltd             (1) OJ L 94, 9.4.1999, p. 24.
and Office of Fair Trading on the following question: