CELEX: C2005/217/35
Language: en
Date: 2005-09-03 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 14 July 2005 in Case C-142/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Maria Aslanidou v Ypourgos Ygeias & Pronoias (Directive 92/51/EEC — Workers — Recognition of diplomas — Occupational therapist)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/18
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 14 July 2005
   in Case C-142/04: Reference for a preliminary ruling from the Symvoulio tis Epikrateias in Maria Aslanidou v Ypourgos Ygeias & Pronoias (1)
   
   (Directive 92/51/EEC - Workers - Recognition of diplomas - Occupational therapist)
   (2005/C 217/35)
   Language of the case: Greek
   In Case C-142/04: reference for a preliminary ruling under Article 234 EC from the Symvoulio tis Epikrateias (Greece), made by decision of 30 December 2003, received at the Court on 17 March 2004, in the proceedings between Maria Aslanidou and Ypourgos Ygeias & Pronoias — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric and K. Schiemann (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 14 July 2005, in which it ruled:
   Where national measures transposing Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC have not been adopted within the period prescribed in Article 17 thereof, a national of a Member State may rely on Article 3(a) of that directive in order to obtain, in the host Member State, authorisation to pursue a regulated profession such as that of occupational therapist.
   That possibility may not be made dependent on official recognition of the qualifications of the person concerned by the competent national authorities.
   The compensatory measures referred to in Article 4(1) of Directive 92/51 may be imposed on the person concerned only in so far as they are provided for in the national legislation in force at the time of processing the application in question.
   
      (1)  OJ C 106 of 30.04.2004.