CELEX: C1999/020/32
Language: en
Date: 1999-01-23 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Genova by order of that court of 26 September 1998 in the case of Marcella Moretti v. Banco Ambrosiano Veneto SpA (Case C-419/98)

C 20/20               EN                    Official Journal of the European Communities                                  23.1.1999
Reference for a preliminary ruling by the Pretura                      on 24 November 1998 by the Commission of the
Circondariale di Genova by order of that court of                      European Communities, represented by I. Martínez del
26 September 1998 in the case of Marcella Moretti v.                   Peral and B. Mongin, of its Legal Service, with an address
                Banco Ambrosiano Veneto SpA                            for service in Luxembourg at the Office of Carlos Gómez
                                                                       de la Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                        (Case C-419/98)
                         (1999/C 20/32)
                                                                       The applicant claims that the Court should:
Reference has been made to the Court of Justice of the
European Communities by an order of the Pretura
Circondariale di Genova (District Magistrate's Court,                  (1) declare that, by providing, in the second paragraph of
Genoa) of 26 September 1998, which was received at the                       Article 10 of Royal Decree No 1081/1989 (1) of
Court Registry on 23 November 1998, for a preliminary                        28 August 1989, that architects qualified in other
ruling in the case of Marcella Moretti v. Banco                              Member States whose qualifications are recognised
Ambrosiano Veneto SpA, on the following questions:                           under Council Directive 85/384/EEC (2) of 10 June
                                                                             1985 on the mutual recognition of diplomas,
                                                                             certificates   and   other     evidence    of   formal
1. Whether the Norme Bancarie Uniforme (Uniform                              qualifications in architecture, including measures to
     Bank Rules) laid down by the ABI (1) for its members                    facilitate the effective exercise of the right of
     in relation to contracts for the opening of current                     establishment and freedom to provide services may
     account credit facilities Ð since they are laid down                    not pursue in Spain any professional activities other
     and applied in a uniform and binding manner by the                      than those which they are authorised to carry on in
     banks belonging to the ABI Ð are compatible with                        their country of origin pursuant to the qualifications
     Article 85 of the Treaty, where they make the credit                    obtained by them there, save in collaboration with
     facility subject to conditions for determination of an                  another professional person authorised to carry on
     interest rate which is not previously determined and is                 those activities and holding a professional
     not determinable by the customer, and they are liable                   qualification which is also recognised under Spanish
     adversely to affect trade between the Member States                     law', the Kingdom of Spain has failed to fulfil its
     and have as their object and effect the prevention,                     obligations under Articles 2 and 10 of Directive
     restriction or distortion of competition within the                     85/384/EEC;
     Common Market;
2. What effects any finding of incompatibility in                      (2) order the Kingdom of Spain to pay the costs.
     accordance with 1 above may have on the
     corresponding clauses of the contracts for the opening
     of a current account credit facility, concluded
                                                                       Pleas in law and main arguments adduced in support:
     downstream' by member banks with individual
     customers, since, as a group, the banks belonging to
     the ABI may be regarded, within the meaning and for
     the purposes of Article 86 of the Treaty, as holding a            Articles 2 and 10 of Directive 85/384/EEC lay down the
     joint dominant position in the national credit market,            fundamental principle that persons holding diplomas,
     whose specific application of the rules in question (in           certificates or other formal qualifications in architecture
     connection with determination of the interest payable             awarded by a Member State other than the host Member
     on the loan) is regarded as an abuse.                             State are to have the same rights and be subject to the
                                                                       same obligations as persons possessing such qualifications
(1) Associazione Bancaria Italiana Ð Italian Banking Association.      in the host Member State. Where an architectural
                                                                       qualification constitutes evidence that its holder has
                                                                       received training which meets the requirements of
                                                                       Articles 3 and 4 of Directive 85/384/EEC, the principle of
                                                                       mutual recognition must apply, without the host Member
                                                                       State being entitled to call in question the quality of the
                                                                       training undergone in the Member State of origin.
                                                                       Moreover, the Community legislature, conscious of the
Action brought on 24 November 1998 by the Commission
                                                                       fact that architectural training may be more
of the European Communities against the Kingdom of
                                                                       comprehensive in the host Member State, has expressly
                               Spain
                                                                       provided, in Article 16(2) of the Directive, for a
                        (Case C-421/98)                                mechanism guaranteeing adequate protection to recipients
                                                                       of architectural services, whereby the host Member State
                         (1999/C 20/33)                                may regulate the use of professional titles in such a way as
                                                                       to require a migrant architect to provide evidence of the
                                                                       title employed by him in his Member State of origin or the
An action against the Kingdom of Spain was brought                     Member State from which he comes. Where a migrant
before the Court of Justice of the European Communities                architect is unable to show that he has undergone the