CELEX: C2007/095/37
Language: en
Date: 2007-04-28 00:00:00
Title: Case C-84/07: Action brought on 15 February 2007 — Commission of the European Communities v Hellenic Republic

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/21
            
         Action brought on 15 February 2007 — Commission of the European Communities v Hellenic Republic
   (Case C-84/07)
   (2007/C 95/37)
   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 applicant claims that the Court should:
   
               —
            
            
               declare that, by the acts specified hereunder, the Hellenic Republic has failed to fulfil its obligations under Articles 3, 4(1)(b) and 12 of 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 (1);
            
         
               —
            
            
               order the Hellenic Republic to pay the costs.
            
         Pleas in law and main arguments
   According to the Commission, the Hellenic Republic refuses to consider and to recognise certain optical diplomas issued by an Italian educational establishment on the basis of a franchise agreement concluded with a Greek educational establishment.
   The Commission states that the basic issue that the Greek authorities can determine is whether or not the diploma gives access to the profession concerned and that the question whether or not the diploma in question has been issued on the basis of a franchise agreement is not relevant for the purposes of its recognition by the Greek authorities. Directive 92/51 makes no such distinction. The Commission also states that the present dispute does not concern Articles 149 and 150 EC, or Article 16 of the Greek Constitution, in that the diplomas have been lawfully issued by Italian educational establishments, not by Greek establishments with which the former have concluded franchise agreements for the award of qualifications.
   On those grounds, the refusal of the Greek authorities to consider and to recognise those Italian diplomas constitutes an infringement of Articles 3 and 12 of Directive 92/51. Furthermore, in the Commission's submission, and as is clear from substantiated complaints, the Greek authorities required the complainants who applied for recognition of the optical diploma obtained in Italy to undergo a conversion course. The Commission maintains that such a course infringes Article 4(1)(b) of Directive 92/51, pursuant to which the Greek authorities must allow foreign applicants to choose between the conversion course and an aptitude test.
   
      (1)  OJ L 209, 24.7.1992, p. 25.