CELEX: C2001/118/37
Language: en
Date: 2001-04-21 00:00:00
Title: Removal from the register of Case C-343/99

C 118/22                EN                     Official Journal of the European Communities                                  21.4.2001
Reference for a preliminary ruling by the French Conseil                         Removal from the register of Case C-343/99 (1)
d’État, judicial section, by judgment of that court of
29 January 2001 in the case of Malika Tennah-Durez
   against the Conseil National de l’Ordre des Médecins                                          (2001/C 118/37)
                                                                          By order of 25 July 2000 the President of the Court of Justice
                          (Case C-110/01)                                 of the European Communities has ordered the removal from
                                                                          the register of Case C-343/99: Kingdom of the Netherlands v
                                                                          Commission of the European Communities.
                          (2001/C 118/36)
                                                                          (1) OJ C 352 of 4.12.1999.
Reference has been made to the Court of Justice of the
European Communities by judgment of the French Conseil
d’État (Council of State), judicial section, of 29 January 2001,
received at the Court Registry on 9 March 2001, for a
preliminary ruling in the case of Malika Tennah-Durez against
the Conseil National de l’Ordre des Médecins (National Council
of the Medical Association) on the following questions:
1.    Are the provisions of Article 23(2) of Council Directive                   Removal from the register of Case C-157/98 (1)
      93/16/EEC of 5 April 1993 (1) relating to the period of
      medical training that a doctor who is a national of a
                                                                                                 (2001/C 118/38)
      Member State must have completed, comprising at least
      a six-year course or 5 500 hours of theoretical and
      practical instruction given in a university or under the            By order of 2 August 2000 the President of the Court of Justice
      supervision of a university, to be understood as meaning            of the European Communities has ordered the removal from
      training completed, in its entirety, only in a university of        the register of Case C-157/98: Kingdom of the Netherlands v
      a Member State of the Community or under the super-                 Commission of the European Communities.
      vision of such a university, or do they allow all or part of
      any training received in a third country to be taken into
      account?
                                                                          (1) OJ C 258 of 15.8.1998.
2.    Are the national authorities bound by the certificate
      provided, pursuant to Article 9(5) of the directive, by the
      competent authorities of the Member State in which the
      diploma submitted by the person concerned was awarded,
      which states that the diploma is treated as one of the
      qualifications or designations set out in Article 3, 5 or 7
      of the directive and was awarded following training in
      accordance with the provisions of Title III thereof, or may
      they make their own assessment of the said certificate                     Removal from the register of Case C-410/99 (1)
      in the light of, in particular, the minimum training
      requirements prescribed by the directive and required by
      national legislation in order, in some circumstances, to                                   (2001/C 118/39)
      consider whether, despite the terms of the certificate so
      issued, the training received by the person concerned
      meets the requirements of the directive?                            By order of 2 August 2000 the President of the Court of Justice
                                                                          of the European Communities has ordered the removal from
                                                                          the register of Case C-410/99: (reference for a preliminary
                                                                          ruling from Kantongerecht te Groningen): Kamer van
(1) Council Directive 93/16/EEC of 5 April 1993 to facilitate the free    Koophandel en Fabrieken voor Groningen v Challenger Trad-
    movement of doctors and the mutual recognition of their               ing Company Ltd.
    diplomas, certificates and other evidence of formal qualifications
    (OJ L 165, 7.7.1993, p. 1).
                                                                          (1) OJ C 20 of 22.1.2000.