CELEX: 62017CA0675
Language: en
Date: 2018-12-06 00:00:00
Title: Case C-675/17: Judgment of the Court (Third Chamber) of 6 December 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero della Salute v Hannes Preindl (Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Recognition of the evidence of formal qualifications obtained following periods of partially overlapping training — Host Member State’s powers of investigation)

4.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/5
            
         
      Judgment of the Court (Third Chamber) of 6 December 2018 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero della Salute v Hannes Preindl
      (Case C-675/17) (1)
      
      ((Reference for a preliminary ruling - Recognition of professional qualifications - Directive 2005/36/EC - Recognition of the evidence of formal qualifications obtained following periods of partially overlapping training - Host Member State’s powers of investigation))
      (2019/C 44/07)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Applicant: Ministero della Salute
      
         Defendant: Hannes Preindl
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Articles 21, 22 and 24 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications must be interpreted as obliging a Member State, whose legislation creates a requirement to pursue full-time training and a prohibition on being enrolled on two courses at the same time, automatically to recognise the evidence of formal qualifications issued by another Member State on the completion of partially concurrent training.
               
            
                  2.
               
               
                  Article 21 and Article 22(a) of Directive 2005/36 must be interpreted as precluding the host Member State from verifying compliance with the condition that the overall duration, level and quality of part-time training are not lower than those of continuous full-time training.
               
            
         (1)  OJ C 52, 12.2.2018.