CELEX: C2002/169/02
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (Fifth Chamber) 16 May 2002 in Case C-232/99: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 93/16/EEC — Transposition of Articles 8 and 18 — Access to additional training for migrant doctors who wish to practise specialised medicine in the host Member State on the basis of a diploma, certificate or other evidence of formal qualifications of specialist doctors which is not the subject of automatic unconditional recognition under that directive — Obligation for migrant doctors in Spain to sit the standard competition for admission to training in specialised medicine — Requirement for affiliation to a public social security body for the settlement of accounts relating to medical services with an insurance body)

C 169/2                 EN                       Official Journal of the European Communities                                   13.7.2002
                 JUDGMENT OF THE COURT                                      3.   Orders the Commission of the European Communities and the
                                                                                 Kingdom of Spain to bear their own costs.
                          (Fifth Chamber)
                                                                            (1) OJ C 246 of 28.8.1999.
                            16 May 2002
in Case C-232/99: Commission of the European Communi-
                   ties v Kingdom of Spain (1)
(Failure by a Member State to fulfil its obligations —
Directive 93/16/EEC — Transposition of Articles 8 and 18                                    JUDGMENT OF THE COURT
— Access to additional training for migrant doctors who
wish to practise specialised medicine in the host Member
State on the basis of a diploma, certificate or other evidence                                     (Sixth Chamber)
of formal qualifications of specialist doctors which is not the
subject of automatic unconditional recognition under that
directive — Obligation for migrant doctors in Spain to sit                                           16 May 2002
the standard competition for admission to training in
specialised medicine — Requirement for affiliation to a                     in Case C-321/99 P: Associação dos Refinadores de Açúcar
public social security body for the settlement of accounts                  Portugueses (ARAP), Alcântara Refinarias — Açúcares
     relating to medical services with an insurance body)                   SA and Refinarias de Açúcar reunidas SA (RAR) v
                                                                                   Commission of the European Communities (1)
                          (2002/C 169/02)
                                                                            (Appeal — State aid — Common agricultural policy —
                   (Language of the case: Spanish)                          Sugar — Aid granted in implementation of a general State
                                                                            aid scheme approved by the Commission — Contribution by
                                                                            a Member State to the financing of a project eligible for
(Provisional translation; the definitive translation will be published      the European Agricultural Guidance and Guarantee Fund,
                   in the European Court Reports)                                  Guidance Section — Aid for vocational training)
                                                                                                   (2002/C 169/03)
In Case C-232/99, Commission of the European Communities
(Agents: I. Martı́nez del Peral and B. Mongin) v Kingdom of                                   (Language of the case: English)
Spain (Agent: N. Dı́az Abad): Application for a declaration
that, by failing to transpose correctly, within the prescribed
time-limit, Article 8 of Council Directive 93/16/EEC of 5 April
1993 to facilitate the free movement of doctors and the mutual              In Case C-321/99 P, Associação dos Refinadores de Açúcar
recognition of their diplomas, certificates and other evidence              Portugueses (ARAP), established in Lisbon (Portugal), Alcântara
of formal qualifications (OJ 1993 L 165, p. 1) and by failing               Refinarias — Açúcares SA, established in Santa Iria de Azóia
to transpose Article 18 of that same directive, the Kingdom of              (Portugal), and Refinarias de Açúcar Reunidas SA (RAR),
Spain has failed to fulfil its obligations under the provisions of          established in Oporto (Portugal), represented by G. van der
the EC Treaty and of that directive, the Court (Fifth Chamber),             Wal: Appeal against the judgment of the Court of First Instance
composed of: S. von Bahr, President of the Fourth Chamber,                  of the European Communities (Fourth Chamber, Extended
acting for the President of the Fifth Chamber, D.A.O. Edward                Composition) of 17 June 1999 in Case T-82/96 ARAP and
(Rapporteur) and M. Wathelet, Judges; C. Stix-Hackl, Advocate               Others v Commission [1999] ECR II-1889, seeking to have
General; L. Hewlett, Administrator, for the Registrar, has given            that judgment set aside, the other parties to the proceedings
a judgment on 16 May 2002, in which it:                                     being: Commission of the European Communities (Agent:
                                                                            J. Macdonald Flett) and Portuguese Republic (Agents: S. Brasil
                                                                            de Brito and L. Fernandes) and DAI — Sociedade de Desenvol-
1.    Declares that, by failing to transpose, within the prescribed         vimento Agro-Industrial SA, established in Monte da Barca
      time-limit, Article 8 of Council Directive 96/13/EEC of               (Portugal), represented by L. Sáragga Leal, D. Franco and
      5 April 1993 to facilitate the free movement of doctors and the       R. Oliveira, the Court (Sixth Chamber), composed of: N. Col-
      mutual recognition of their diplomas, certificates and other          neric, President of the Second Chamber, acting for the
      evidence of formal qualifications, the Kingdom of Spain has           President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet
      failed to fulfil its obligations under the provisions of that         (Rapporteur), R. Schintgen and V. Skouris, Judges; L.A. Geel-
      directive;                                                            hoed, Advocate General; D. Louterman-Hubeau, Head of
                                                                            Division, for the Registrar, has given a judgment on 16 May
2.    Dismisses the remainder of the application;                           2002, in which it: