CELEX: C2002/323/42
Language: en
Date: 2002-12-21 00:00:00
Title: Case C-405/02: Action brought on 12 November 2002 by the Commission of the European Communities against the United Kingdom

C 323/28               EN                    Official Journal of the European Communities                                        21.12.2002
      provided evidence in that respect, so much so that in             nition of diplomas obtained in other Member States, as
      their reply to the reasoned opinion they make no mention          provided by those two directives.
      whatever of that matter.
                                                                        The arrangements for assimilation under decrees, which do
( 1) OJ 1975 L 194, p. 39.                                              not take account of Directives 89/48 and 92/51, rely only on
( 2) OJ 1991 L 78, p. 32.
( 3) OJ 1999 L 182, p. 1.
                                                                        the examination of diplomas submitted by candidates who are
                                                                        holders of such diplomas and make no provision for the taking
                                                                        into account of any experience acquired in the course of
                                                                        pursuing the profession to make up for any difference with
                                                                        respect to duration or content of training leading to the award
                                                                        of such diplomas. However, Member States are obliged to take
                                                                        into account any professional experience which candidates
Action brought on 12 November 2002 by the Com-                          may possess for the purposes of assimilating a diploma
mission of the European Communities against the French                  obtained in another Member State and access to the regulated
                             Republic                                   profession in question.
                          (Case C-402/02)
                                                                        (1 ) Council Directive 89/48/EEC of 21 December 1988 on a general
                                                                             system for the recognition of higher-education diplomas awarded
                          (2002/C 323/41)
                                                                             on completion of professional education and training of at least
                                                                             three years’ duration (OJ 1988 L 19, p. 16) .
                                                                        (2 ) Council Directive 92/51/EEC of 18 June 1992 on a second general
An action against the French Republic was brought before the                 system for the recognition of professional education and training
Court of Justice of the European Communities on 12 Novem-                    to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) .
ber 2002 by the Commission of the European Communities,
represented by M. Patakia and D. Martin, acting as Agents,
with an address for service in Luxembourg.
The applicant claims that the Court should :
—     Declare that, by failing to bring into force, in order to         Action brought on 12 November 2002 by the Com-
      grant access to the profession of teacher specialising in         mission of the European Communities against the United
      the hospital public service or, on the other hand, in the                                         Kingdom
      national public service, a procedure for the mutual
      recognition of diplomas and by retaining national legis-
      lation and practice of the committee for the assimilation                                     (Case C-405/02)
      of diplomas which takes no account of the professional
      experience of migrant workers, the French Republic has                                        (2002/C 323/42)
      failed to fulfil its obligations under Directives 89/48/
      EEC (1) and 92/51/EEC ( 2) and Article 39 EC Treaty; and
—     Order the French Republic to pay the costs.
                                                                        An action against the United Kingdom was brought before the
                                                                        Court of Justice of the European Communities on 12 Novem-
                                                                        ber 2002 by the Commission of the European Communities,
Pleas in law and main arguments                                         represented by Maria Patakia and Karen Banks, acting as
                                                                        agents, with an address for service in Luxembourg.
A profession is a regulated profession in a Member State
within the meaning of Directives 89/48 and 92/51 where it is
authorised in that Member State and access thereto or the               The Applicant claims that the Court should:
pursuit thereof is reserved to persons who, directly or
indirectly, meet the statutory conditions governing the rules of        (1) declare that, by failing to adopt all the laws, regulations
that profession. The fact that access to a similar profession in               and administrative provisions necessary to comply with
the private or associative sector is not subject to the same                   Directive 1999/42/EC of the European Parliament and of
condition is irrelevant in that regard. Likewise, the statement                the Council of 7 June 1999 on the establishment of a
made by the French authorities in their reply to the reasoned                  mechanism for the recognition of qualifications in respect
opinion that a profession is not ‘regulated’ unless it is subjected            of the professional activities covered by the Directives on
to a condition regarding the conferment of a diploma arising                   liberalisation and transitional measures and sup-
from a legislative provision of general application is erroneous               plementing the general systems for the recognition of
in law. Since Directives 89/48 and 92/51 are applicable                        qualifications ( 1), or in any event by failing to communi-
inasmuch as they concern access to the regulated profession                    cate them to the Commission, the United Kingdom has
of teachers specialising in the hospital public service and in                 failed to fulfil its obligations under the Directive;
the national civil service, it is incumbent on the French
authorities to provide for a procedure for the mutual recog-            (2) order the United Kingdom to pay the costs of this action.
 ---pagebreak--- 21.12.2002             EN                 Official Journal of the European Communities                                  C 323/29
Pleas in law and main arguments                                              Removal from the register of Case C-366/01 ( 1)
Article 249 EC, under which a directive shall be binding, as to                              (2002/C 323/44)
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period        By order of 31 July 2002 the President of the Court of Justice
expired on 31 July 2001 without the United Kingdom having            of the European Communities ordered the removal from the
enacted the provisions necessary to comply with the directive        register of Case C-366/01: Commission of the European
referred to in the conclusions of the Commission.                    Communities v Ireland.
( 1) OJ L 201, 31.07.1999, p. 77.
                                                                     (1 ) OJ C 331 of 24.11.2001.
        Removal from the register of Case C-404/95 ( 1)
                                                                             Removal from the register of Case C-370/01 ( 1)
                         (2002/C 323/43)
                                                                                             (2002/C 323/45)
By order of 18 October 2002 the President of the Court of
Justice of the European Communities ordered the removal
                                                                     By order of 30 September 2002 the President of the Court of
from the register of Case C-404/95: Federal Republic of
Germany v Commission of the European Communities.                    Justice of the European Communities ordered the removal
                                                                     from the register of Case C-370/01: Commission of the
                                                                     European Communities v Italian Republic.
( 1) OJ C 95 of 30.03.1996.
                                                                     (1 ) OJ C 331 of 24.11.2001.