CELEX: C1999/366/01
Language: en
Date: 1999-12-18 00:00:00
Title: Judgment of the Court of 8 July 1999 in Case C-234/97 (reference for a preliminary ruling from the Juzgado de lo Social No 4 de Madrid ): Teresa Fernández de Bobadilla v Museo Nacional del Prado , Comité de Empresa del Museo Nacional del Prado and Ministerio Fiscal (Recognition of qualifications - Restorer of cultural property - Directives 89/48/EEC and 92/51/EEC - Concept of 'regulated profession' - Article 48 of the EC Treaty [now, after amendment, Article 39 EC])

18.12.1999              EN                      Official Journal of the European Communities                                                C 366/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       On a proper construction, Article 48 of the EC Treaty (now, after
                                                                             amendment, Article 39 EC):
                           of 8 July 1999
                                                                             — does not preclude the terms of a collective agreement which
                                                                                 applies to a public body in a Member State and restricts the right
in Case C-234/97 (reference for a preliminary ruling                             to practice within that body a particular profession which is not
from the Juzgado de lo Social No 4 de Madrid): Teresa                            regulated for the purposes of Council Directives 89/48/EEC of
Fernández de Bobadilla v Museo Nacional del Prado,                              21 December 1988 on a general system for the recognition of
Comité de Empresa del Museo Nacional del Prado and                               higher-education diplomas awarded on completion of professional
                        Ministerio Fiscal (1)                                    education and training of at least three years’ duration and
                                                                                 92/51/EEC of 18 June 1992 on a second general system for the
                                                                                 recognition of professional education and training to supplement
(Recognition of qualifications — Restorer of cultural prop-                      Directive 89/48 solely to those in possession of a qualification
erty — Directives 89/48/EEC and 92/51/EEC — Concept of                           awarded by an educational establishment in that Member State
‘regulated profession’ — Article 48 of the EC Treaty [now,                       or of any other foreign qualification which has been officially
                after amendment, Article 39 EC])                                 recognised by the competent authorities of that Member State,
                          (1999/C 366/01)                                    — none the less requires the authorities of the host Member State
                                                                                 which are competent to grant official recognition to foreign
                                                                                 diplomas or to validate them or, where no general procedure for
                                                                                 granting official recognition has been established or is incompat-
                   (Language of the case: Spanish)                               ible with the requirements of Community law, the public body
                                                                                 itself, to consider, as regards the diplomas awarded in another
                                                                                 Member State, the extent to which the knowledge and qualifi-
                                                                                 cations certified by the diploma awarded to the person concerned
(Provisional translation; the definitive translation will be published
                                                                                 correspond to the knowledge and qualifications required by the
                   in the European Court Reports)
                                                                                 host Member State’s own legislation. Where they correspond only
                                                                                 in part, it is also for the competent national authorities or, where
                                                                                 appropriate, the public body itself, to assess whether the
In Case C-234/97: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Juzgado de lo                        knowledge acquired by the person concerned during a course of
                                                                                 study or by way of practical experience is sufficient to show
Social No 4 de Madrid for a preliminary ruling in the
                                                                                 possession of knowledge to which the foreign diploma does not
proceedings pending before that court between Teresa Fernàn-
dez de Bobadilla and Museo Nacional del Prado, Comité de                         attest.
Empresa del Museo Nacional del Prado, Ministerio Fiscal — on
the interpretation of Article 48 of the EC Treaty (now, after
amendment, Article 39 EC) — the Court, composed of:
G.C. Rodriguez Iglesias, President, J.-P. Puissochet, G. Hirsch              (1) OJ C 252 of 16.8.1997.
and P. Jann, Presidents of the Chambers, C. Gulmann, J.L. Mur-
ray, D.A.O. Edward (Rapporteur), H. Ragnemalm and L. Sevón,
Judges; N. Fennelly, Advocate General; D. Louterman-Hubeau,
Principal Administrator, for the Registrar, has given a judgment
on 8 July 1999, in which it has ruled: