CELEX: 62008CN0036
Language: en
Date: 2008-01-31 00:00:00
Title: Case C-36/08: Action brought on 31 January 2008 — Commission of the European Communities v Hellenic Republic

12.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 92/16
            
         Action brought on 31 January 2008 — Commission of the European Communities v Hellenic Republic
   (Case C-36/08)
   (2008/C 92/29)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Zavvos and H.Støvlbæk, acting as Agents)
   
      Defendant: Hellenic Republic
   Form of order sought
   The Court is asked to:
   
               —
            
            
               Declare that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/03 (Government Gazette 304/Α) which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC (1) [of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications], and by not withdrawing diplomas issued although the conditions set out in that directive were not satisfied, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive.
            
         
               —
            
            
               Order the Hellenic Republic to pay the costs.
            
         Pleas in law and main arguments
   In the opinion of the Commission, the doctors who are referred to in Article 29(d.1) and (d.2) of Law 3209/03 have acquired rights within the meaning of Article 36 of Council Directive 93/16/EEC, and accordingly are allowed to practise as doctors under the national social security scheme and to receive a certificate attesting to their acquired rights. However, to grant them the qualification of general practitioner without their undergoing the relevant specific training is contrary to Articles 30 and 31 of the Directive. Accordingly, the Greek authorities must withdraw the diplomas issued although the conditions of the Directive were not satisfied.
   
      (1)  OJ L 165, 7.7.1993, p. 1.