CELEX: C2000/335/29
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 3 October 2000 in Case C-371/97 (reference for a preliminary ruling from the Tribunale Civile e Penale di Venezia): Cinzia Gozza and Others v Università degli Studi di Padova and Others (Right of establishment — Freedom to provide services — Doctors — Medical specialties — Training periods — Remuneration — Direct effect)

25.11.2000              EN                    Official Journal of the European Communities                                           C 335/15
2.    Orders Ireland to pay the costs.                                                     JUDGMENT OF THE COURT
                                                                                                   (Fourth Chamber)
(1) OJ C 6 of 8.1.2000.
                                                                                                  of 3 October 2000
                                                                         in Case C-371/97 (reference for a preliminary ruling from
                                                                         the Tribunale Civile e Penale di Venezia): Cinzia Gozza
                                                                         and Others v Università degli Studi di Padova and
                                                                                                        Others (1)
                 JUDGMENT OF THE COURT
                                                                         (Right of establishment — Freedom to provide services —
                                                                         Doctors — Medical specialties — Training periods —
                         (First Chamber)                                                   Remuneration — Direct effect)
                      of 28 September 2000                                                          (2000/C 335/29)
in Case C-193/99 (reference for a preliminary ruling from
the Sedgefield Magistrates’ Court): Criminal proceedings
                                                                                              (Language of the case: Italian)
                against Graeme Edgar Hume (1)
(Social legislation relating to road transport — Weekly rest
                     period — Postponement)                              (Provisional translation; the definitive translation will be published
                                                                                             in the European Court Reports)
                         (2000/C 335/28)
                                                                         In Case C-371/97: reference to the Court under Article 177 of
                                                                         the EC Treaty (now Article 234 EC) from the Tribunale Civile
                   (Language of the case: English)                       e Penale di Venezia (Civil and Criminal District Court, Venice),
                                                                         Italy, for a preliminary ruling in the proceedings pending
                                                                         before that court between Cinzia Gozza and Others and
In Case C-193/99: reference to the Court Article 234 EC from             Università degli Studi di Padova and Others — on the
the Sedgefield Magistrates’ Court, United Kingdom, for a                 interpretation of Council Directive 82/76/EEC of 26 January
preliminary ruling in the criminal proceedings pending before            1982 amending Directive 75/362/EEC concerning the mutual
that court against Graeme Edgar Hume on the interpretation               recognition of diplomas, certificates and other evidence of
of Article 8(5) of Council Regulation (EEC) No 3820/85 of                formal qualifications in medicine, including measures to
20 December 1985 on the harmonisation of certain social                  facilitate effective exercise of the right of establishment and
legislation relating to road transport (OJ 1985 L 370, p. 1) —           freedom to provide services, and Directive 75/363/EEC con-
the Court (First Chamber), composed of: L. Sevón, President of          cerning the coordination of provisions laid down by law,
the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;               regulation or administrative action in respect of activities of
S. Alber, Advocate General; R. Grass, Registrar, has given a             doctors (OJ 1982 L 43, p. 21) — the Court (Fourth Chamber),
judgment on 28 September 2000, in which it has ruled:                    composed of: D.A.O. Edward (Rapporteur), President of the
                                                                         Chamber, A. La Pergola and H. Ragnemalm, Judges; P. Léger,
                                                                         Advocate General; H. von Holstein, Deputy Registrar, has
Article 8(5) of Council Regulation (EEC) No 3820/85 of                   given a judgment on 3 October 2000, in which it has ruled:
20 December 1985 on the harmonisation of certain social legislation
relating to road transport must be interpreted as meaning that a
driver who elects to postpone his weekly rest period until the week      On a proper construction of Article 2(1)(c) of Council Directive
following that in which it becomes due must take two weekly rest         75/363/EEC of 16 June 1975 concerning the coordination of
periods, consecutively and without any break between them, in that       provisions laid down by law, regulation or administrative action in
second week.                                                             respect of activities of doctors and point 1 of the annex to that
                                                                         directive, as amended by Council Directive 82/76/EEC of 26 January
                                                                         1982 amending Directive 75/362/EEC concerning the mutual
                                                                         recognition of diplomas, certificates and other evidence of formal
(1) OJ C 204 of 17.7.1999.                                               qualifications in medicine, including measures to facilitate effective
                                                                         exercise of the right of establishment and freedom to provide services
                                                                         and Directive 75/363, and of Article 3(2) of Directive 75/363 and
                                                                         point 2 of the annex to that directive, as amended by Directive
                                                                         82/76:
 ---pagebreak--- C 335/16                 EN                       Official Journal of the European Communities                                         25.11.2000
—     the obligation to provide appropriate remuneration for periods         EC Treaty (now Articles 50 EC, 54 EC and 55 EC) and Council
      of both full-time and part-time training in specialised medicine       Directive 64/427/EEC of 7 July 1964 laying down detailed
      is binding only in respect of the medical specialties which are        provisions concerning transitional measures in respect of
      common to all the Member States or to two or more of them              activities of self-employed persons in manufacturing and
      and are mentioned in Article 5 or Article 7 of Council                 processing industries falling within ISIC Major Groups 23-40
      Directive 75/362/EEC of 16 June 1975 concerning the mutual             (Industry and small craft industries) (OJ, English Special Edition
      recognition of diplomas, certificates and other evidence of formal     1963-1964, p. 148) — the Court, composed of:
      qualifications in medicine, including measures to facilitate the       G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      effective exercise of the right of establishment and freedom to        D.A.O. Edward (Rapporteur), L. Sevón and R. Schintgen
      provide services;                                                      (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
                                                                             H. Ragnemalm and M. Wathelet, Judges; G. Cosmas, Advocate
—     that obligation is binding only if the conditions for full-time        General; H.A. Rühl, Principal Administrator, for the Registrar,
      training set out in point 1 of the annex to Directive 75/363,          has given a judgment on 3 October 2000, in which it has
      as amended by Directive 82/76, or those for part-time training,        ruled:
      set out in point 2 of the annex to Directive 75/363, as
      amended by Directive 82/76, are complied with by the trainee           Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
      medical specialists;                                                   and Article 4 of Council Directive 64/427/EEC of 7 July 1964
—     that obligation is unconditional and sufficiently precise in so        laying down detailed provisions concerning transitional measures in
      far as it requires, for a medical specialist to be able to benefit     respect of activities of self-employed persons in manufacturing and
      from the system of mutual recognition established by Directive         processing industries failing within ISIC Major Groups 23-40
      75/362, that his training be full-time or part-time and                (Industry and small craft industries) preclude rules of a Member State
      remunerated;                                                           which make the carrying out on its territory of skilled trade work by
                                                                             providers of services established in other Member States subject to an
—     that obligation in itself does not, however, enable the national       authorisation procedure which is likely to delay or complicate exercise
      court to determine which body is liable to pay the appropriate         of the right to freedom to provide services, where examination of the
      remuneration or the level thereof.                                     conditions governing access to the activities concerned has been carried
                                                                             out and it has been established that those conditions are satisfied.
The national court is required, however, when it applies provisions of       Furthermore, any requirement of entry on the trades register of the
national law adopted either before or after a directive, to interpret        host Member State, assuming it was justified, should neither give rise
them as far as possible in the light of the wording and the purpose of       to additional administrative expense nor entail compulsory payment
that directive.                                                              of subscriptions to the chamber of trades.
(1) OJ C 370 of 6.12.1997.                                                   (1) OJ C 137 of 2.5.1998.
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                         of 3 October 2000
                                                                                                       of 3 October 2000
in Case C-58/98 (reference for a preliminary ruling from
                                                                             in Case C-303/98 (reference for a preliminary ruling
the Amtsgericht Heinsberg): Proceedings against Josef
                                                                             from the Tribunal Superior de Justicia de la Comunidad
                              Corsten (1)
                                                                             Valenciana, Spain): Sindicato de Médicos de Asistencia
(Freedom to provide services — Directive 64/427/EEC —                        Pública (Simap) v Conselleria de Sanidad y Consumo de
Skilled services in the building trade — National rules                                         la Generalidad Valenciana (1)
requiring foreign skilled trade undertakings to be entered on
              the trades register — Proportionality)                         (Social policy — Protection of the safety and health of
                                                                             workers — Directives 89/391/EEC and 93/104/EC — Scope
                           (2000/C 335/30)                                   — Doctors in primary health care teams — Average period
                                                                             of work — Inclusion of time on call — Night workers and
                                                                                                           shift workers)
                    (Language of the case: German)
                                                                                                         (2000/C 335/31)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               (Language of the case: Spanish)
In Case C-58/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Amtsgericht                      (Provisional translation; the definitive translation will be published
(Local Court) Heinsberg, (Germany) for a preliminary ruling in                                    in the European Court Reports)
the proceedings pending before that court against Josef Corsten
— on the interpretation of Article 59 of the EC Treaty (now,                 In Case C-303/98: reference to the Court under Article 177 of
after amendment, Article 49 EC), Articles 60, 65 and 66 of the               the EC Treaty (now Article 234 EC) from the Tribunal Superior