CELEX: C2000/335/31
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 3 October 2000 in Case C-303/98 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana, Spain): Sindicato de Médicos de Asistencia Pública (Simap) v Conselleria de Sanidad y Consumo de la Generalidad Valenciana (Social policy — Protection of the safety and health of workers — Directives 89/391/EEC and 93/104/EC — Scope — Doctors in primary health care teams — Average period of work — Inclusion of time on call — Night workers and shift workers)

C 335/16                 EN                       Official Journal of the European Communities                                         25.11.2000
—     the obligation to provide appropriate remuneration for periods         EC Treaty (now Articles 50 EC, 54 EC and 55 EC) and Council
      of both full-time and part-time training in specialised medicine       Directive 64/427/EEC of 7 July 1964 laying down detailed
      is binding only in respect of the medical specialties which are        provisions concerning transitional measures in respect of
      common to all the Member States or to two or more of them              activities of self-employed persons in manufacturing and
      and are mentioned in Article 5 or Article 7 of Council                 processing industries falling within ISIC Major Groups 23-40
      Directive 75/362/EEC of 16 June 1975 concerning the mutual             (Industry and small craft industries) (OJ, English Special Edition
      recognition of diplomas, certificates and other evidence of formal     1963-1964, p. 148) — the Court, composed of:
      qualifications in medicine, including measures to facilitate the       G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      effective exercise of the right of establishment and freedom to        D.A.O. Edward (Rapporteur), L. Sevón and R. Schintgen
      provide services;                                                      (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
                                                                             H. Ragnemalm and M. Wathelet, Judges; G. Cosmas, Advocate
—     that obligation is binding only if the conditions for full-time        General; H.A. Rühl, Principal Administrator, for the Registrar,
      training set out in point 1 of the annex to Directive 75/363,          has given a judgment on 3 October 2000, in which it has
      as amended by Directive 82/76, or those for part-time training,        ruled:
      set out in point 2 of the annex to Directive 75/363, as
      amended by Directive 82/76, are complied with by the trainee           Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
      medical specialists;                                                   and Article 4 of Council Directive 64/427/EEC of 7 July 1964
—     that obligation is unconditional and sufficiently precise in so        laying down detailed provisions concerning transitional measures in
      far as it requires, for a medical specialist to be able to benefit     respect of activities of self-employed persons in manufacturing and
      from the system of mutual recognition established by Directive         processing industries failing within ISIC Major Groups 23-40
      75/362, that his training be full-time or part-time and                (Industry and small craft industries) preclude rules of a Member State
      remunerated;                                                           which make the carrying out on its territory of skilled trade work by
                                                                             providers of services established in other Member States subject to an
—     that obligation in itself does not, however, enable the national       authorisation procedure which is likely to delay or complicate exercise
      court to determine which body is liable to pay the appropriate         of the right to freedom to provide services, where examination of the
      remuneration or the level thereof.                                     conditions governing access to the activities concerned has been carried
                                                                             out and it has been established that those conditions are satisfied.
The national court is required, however, when it applies provisions of       Furthermore, any requirement of entry on the trades register of the
national law adopted either before or after a directive, to interpret        host Member State, assuming it was justified, should neither give rise
them as far as possible in the light of the wording and the purpose of       to additional administrative expense nor entail compulsory payment
that directive.                                                              of subscriptions to the chamber of trades.
(1) OJ C 370 of 6.12.1997.                                                   (1) OJ C 137 of 2.5.1998.
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         of 3 October 2000
                                                                                                       of 3 October 2000
in Case C-58/98 (reference for a preliminary ruling from
                                                                             in Case C-303/98 (reference for a preliminary ruling
the Amtsgericht Heinsberg): Proceedings against Josef
                                                                             from the Tribunal Superior de Justicia de la Comunidad
                              Corsten (1)
                                                                             Valenciana, Spain): Sindicato de Médicos de Asistencia
(Freedom to provide services — Directive 64/427/EEC —                        Pública (Simap) v Conselleria de Sanidad y Consumo de
Skilled services in the building trade — National rules                                         la Generalidad Valenciana (1)
requiring foreign skilled trade undertakings to be entered on
              the trades register — Proportionality)                         (Social policy — Protection of the safety and health of
                                                                             workers — Directives 89/391/EEC and 93/104/EC — Scope
                           (2000/C 335/30)                                   — Doctors in primary health care teams — Average period
                                                                             of work — Inclusion of time on call — Night workers and
                                                                                                           shift workers)
                    (Language of the case: German)
                                                                                                         (2000/C 335/31)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               (Language of the case: Spanish)
In Case C-58/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Amtsgericht                      (Provisional translation; the definitive translation will be published
(Local Court) Heinsberg, (Germany) for a preliminary ruling in                                    in the European Court Reports)
the proceedings pending before that court against Josef Corsten
— on the interpretation of Article 59 of the EC Treaty (now,                 In Case C-303/98: reference to the Court under Article 177 of
after amendment, Article 49 EC), Articles 60, 65 and 66 of the               the EC Treaty (now Article 234 EC) from the Tribunal Superior
 ---pagebreak--- 25.11.2000               EN                      Official Journal of the European Communities                                            C 335/17
de Justicia de la Comunidad Valenciana (High Court of                       6.    In the absence of national provisions transposing Article 16(2)
Justice of the Valencia Autonomous Community), Spain for a                        of Directive 93/104 or, as the case may be, expressly adopting
preliminary ruling in the proceedings pending before that                         one of the derogations provided for in Article 17(2), (3) and
court between Sindicato de Médicos de Asistencia Pública                         (4) thereof, those provisions may be interpreted as having direct
(Simap) and Conselleria de Sanidad y Consumo de la Generali-                      effect, and therefore they confer on individuals a right whereby
dad Valenciana — on the interpretation of Council Directive                       the reference period for the implementation of the maximum
89/391/EEC of 12 June 1989 on the introduction of measures                        duration of their weekly working time must not exceed 12
to encourage improvements in the safety and health of workers                     months.
at work (OJ 1989 L 183, p. 1) and Council Directive 93/104/EC
of 23 November 1993 concerning certain aspects of the
organisation of working time (OJ 1993 L 307, p. 18) —                       7.    The consent given by trade-union representatives in the context
the Court, composed of: G.C. Rodrı́guez Iglesias, President,                      of a collective or other agreement is not equivalent to that given
J.C. Moitinho de Almeida (Rapporteur), D.A.O. Edward,                             by the worker himself, as provided for in the first indent of
L. Sevón and R. Schintgen (Presidents of Chambers), P.J.G. Kap-                  Article 18(1)(b)(i) of Directive 93/104.
teyn, C. Gulmann, J.-P. Puissochet, P. Jann, H. Ragnemalm and
M. Wathelet, Judges; A. Saggio, Advocate General; D. Louter-
man-Hubeau, Principal Administrator, for the Registrar, has                 (1) OJ C 299 of 26.9.1998.
given a judgment on 3 October 2000, in which it has ruled:
1.    An activity such as that of doctors in primary health care teams
      falls within the scope of Council Directive 89/391/EEC of
      12 June 1989 on the introduction of measures to encourage
      improvements in the safety and health of workers at work
      and Council Directive 93/104/EC of 23 November 1993
      concerning certain aspects of the organisation of working time.
                                                                                               JUDGMENT OF THE COURT
2.    The national court may, in the absence of express measures                                       (Fifth Chamber)
      transposing Directive 93/104, apply its domestic law to the
      extent to which, having regard to the characteristics of the
                                                                                                      of 3 October 2000
      activity of doctors in primary health care teams, that law meets
      the conditions laid down in Article 17 of that directive.
                                                                            in Case C-380/98 (reference for a preliminary ruling from
                                                                            the High Court of Justice of England and Wales, Queen’s
                                                                            Bench Division (Divisional Court)): The Queen v H.M.
3.    Time spent on call by doctors in primary health care teams                                          Treasury (1)
      must be regarded in its entirety as working time, and where
      appropriate as overtime, within the meaning of Directive
      93/104 if they are required to be at the health centre. If they       (Public contracts — Procedure for the award of public
      must merely be contactable at all times when on call, only time       contracts for services, supplies and works — Contracting
      linked to the actual provision of primary health care services                   authority — Body governed by public law)
      must be regarded as working time.
                                                                                                       (2000/C 335/32)
4.    Doctors in primary health care teams who are regularly on call
      at night may not be regarded as night workers by virtue of                                 (Language of the case: English)
      Article 2 (4) (b) of Directive 93/104 alone. Whether national
      legislation on night work by workers whose employment is
      governed by private law may be applied to doctors in primary          In Case C-380/98: reference to the Court under Article 177 of
      health care teams, whose employment is governed by public             the EC Treaty (now Article 234 EC) from the High Court of
      law, is a question to be resolved by the national court in            Justice of England and Wales, Queen’s Bench Division (Div-
      accordance with its domestic law.                                     isional Court), United Kingdom, for a preliminary ruling in the
                                                                            proceedings pending before that court between The Queen
                                                                            and H.M. Treasury, ex parte: University of Cambridge — on
                                                                            the interpretation of Article 1 of Council Directive 92/50/EEC
5.    Work performed by doctors in primary health care teams whilst         of 18 June 1992 relating to the coordination of procedures for
      on call constitutes shift work and such doctors are shift workers     the award of public service contracts (OJ 1992 L 209, p. 1),
      within the meaning of Article 2(5) and (6) of Directive               Article 1 of Council Directive 93/36/EEC of 14 June 1993
      93/104.                                                               coordinating procedures for the award of public supply