CELEX: C2000/335/05
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 September 2000 in Case C-238/98 (reference for a preliminary ruling from the Tribunal Administratif de Châlons-en-Champagne): Hugo Fernando Hocsman v Ministre de l'Emploi et de la Solidarité (Article 52 of the EC Treaty (now, after amendment, Article 43 EC) — Council Directive 93/16/EEC — Community national holding an Argentine diploma recognised by the authorities of a Member State as equivalent in that State to a university degree in medicine and surgery — Obligations of another Member State with respect to an application to practise medicine on its territory)

25.11.2000                EN                     Official Journal of the European Communities                                                C 335/3
                   JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                            (Fifth Chamber)                                                            (Sixth Chamber)
                                                                                                    of 14 September 2000
                        of 14 September 2000
                                                                            in Case C-343/98 (reference for a preliminary ruling
in Case C-238/98 (reference for a preliminary ruling from                   from the Pretore di Pinerolo): Renato Collino, Luisella
the Tribunal Administratif de Châlons-en-Champagne):                                        Chiappero v Telecom Italia SpA (1)
Hugo Fernando Hocsman v Ministre de l’Emploi et de la
                              Solidarité (1)                                (Directive 77/187/EEC — Safeguarding employees’ rights
                                                                            in the event of transfers of undertakings — Transfer of an
(Article 52 of the EC Treaty (now, after amendment, Article                 entity managed by a public body forming part of the State
43 EC) — Council Directive 93/16/EEC — Community                            administration to a private company whose capital is publicly
national holding an Argentine diploma recognised by the                     owned — Definition of an employee — Taking into account
authorities of a Member State as equivalent in that State to                    of employees’ total length of service by the transferee)
a university degree in medicine and surgery — Obligations
of another Member State with respect to an application to                                               (2000/C 335/06)
                  practise medicine on its territory)
                                                                                                  (Language of the case: Italian)
                            (2000/C 335/05)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      (Language of the case: French)
                                                                            In Case C-343/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Pretore di
(Provisional translation; the definitive translation will be published      Pinerolo, Italy, for a preliminary ruling in the proceedings
                     in the European Court Reports)                         pending before that judge between Renato Collino, Luisella
                                                                            Chiappero and Telecom Italia SpA — on the interpretation of
In Case C-238/98: reference to the Court under Article 177 of               Council Directive 77/187/EEC of 14 February 1977 on the
the EC Treaty (now Article 234 EC) from the Tribunal                        approximation of the laws of the Member States relating to
Administratif de Châlons-en-Champagne, France, for a prelimi-               the safeguarding of employees’ rights in the event of transfers
nary ruling in the proceedings pending before that court                    of undertakings, businesses or parts of businesses (OJ 1977
between Hugo Fernando Hocsman and Ministre de l’Emploi et                   L 61, p. 26) — the Court (Sixth Chamber), composed of:
de la Solidarité on the interpretation of Article 52 of the EC              J.C. Moitinho de Almeida, President of the Chamber,
Treaty (now, after amendment, Article 43 EC) — the Court                    C. Gulmann and J.-P. Puissochet (Rapporteur), Judges; S. Alber,
(Fifth Chamber), composed of: D.A.O. Edward (Rapporteur),                   Advocate General; H.A. Rühl, Principal Administrator, for the
President of the Chamber, J.C. Moitinho de Almeida,                         Registrar, has given a judgment on 14 September 2000, in
C. Gulmann, J.-P. Puissochet and P. Jann, Judges; F.G. Jacobs,              which it has ruled:
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 14 September 2000, in                    1.    Article 1(1) of Council Directive 77/187/EEC of 14 February
which it has ruled:                                                               1977 on the approximation of the laws of the Member States
                                                                                  relating to the safeguarding of employees’ rights in the event of
                                                                                  transfers of undertakings, businesses or parts of businesses must
Article 52 of the EC Treaty (now, after amendment, Article 43 EC)                 be interpreted as meaning that that directive may apply to a
is to be interpreted as meaning that where, in a situation not                    situation in which an entity operating telecommunications
regulated by a directive on mutual recognition of diplomas, a                     services for public use and managed by a public body within the
Community national applies for authorisation to practise a profession             State administration is, following decisions of the public
access to which depends, under national law, on the possession of a               authorities, the subject of a transfer for value, in the form of an
diploma or professional qualification, or on periods of practical                 administrative concession, to a private-law company established
experience, the competent authorities of the Member State concerned               by another public body which holds its entire capital. The
must take into consideration all the diplomas, certificates and other             persons concerned by such a transfer must, however, originally
evidence of formal qualifications of the person concerned and his                 have been protected as employees under national employment
relevant experience, by comparing the specialised knowledge and                   law.
abilities certified by those diplomas and that experience with the
knowledge and qualifications required by the national rules.                2.    The first paragraph of Article 3(1) of Directive 77/187 must
                                                                                  be interpreted as meaning that, in calculating the rights of a
                                                                                  financial nature attached, in the transferee’s business, to
(1) OJ C 258 of 15.8.1998.                                                        employees’ length of service, such as a termination payment or
                                                                                  salary increases, the transferee must take into account the entire
                                                                                  length of service, in both his employment and that of the
                                                                                  transferor, of the employees transferred, in so far as his