Ministero della Salute v Hannes Preindl.
Date: 2018-12-06
24


In that regard, it must be recalled that, in the procedure of cooperation established by Article 267 TFEU, it is not for the Court of Justice but for the national court to ascertain the facts which have given rise to the dispute and to establish the consequences which they have for the judgment which it is required to deliver. Moreover, the Court of Justice must take account, under the division of jurisdiction between the EU Courts and the national courts, of the factual and legislative context, as described in the order for reference, in which the questions put to it are set (see, to that effect, judgment of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraph 24 and the case-law cited).
27


In that regard, it must be recalled that, as is apparent from recital 19 of Directive 2005/36, that directive provides, as regards in particular the profession of doctor or dentist, for a system of automatic recognition of the evidence of formal qualifications based on coordinated minimum conditions for training (see, to that effect, judgment of 30 April 2014, Ordre des architectes, C‑365/13, EU:C:2014:280, paragraph 20).
31


Therefore, recognition of evidence of formal qualifications, including a degree in medicine with basic training and a degree in dentistry, is automatic and unconditional, in that it obliges Member States to accept the equivalence of evidence of formal qualifications covered by Directive 2005/36 and cannot require the persons concerned to comply with requirements other than those laid down by that directive. That recognition is based on the Member States’ mutual trust in the adequacy of the evidence of formal qualifications issued by other Member States, such trust being based on a training system the standards of which were determined by mutual agreement (see, by analogy, judgment of 19 June 2003, Tennah-Durez, C‑110/01, EU:C:2003:357, paragraph 30).
34


As has already been noted in paragraphs 28 and 29 of the present judgment, Articles 21 and 22 of Directive 2005/36 provide for the mutual recognition of qualifications as a doctor and a dental practitioner, and authorise Member States to provide, in accordance with certain requirements, part-time medical and dental practitioner training. The responsibility for ensuring that the training requirements, both qualitative and quantitative, laid down by Directive 2005/36 are fully complied with falls wholly on the competent authority of the Member State awarding the evidence of a formal qualification (see, by analogy, judgment of 19 June 2003, Tennah-Durez, C‑110/01, EU:C:2003:357, paragraph 56).
35


That authority must, when exercising its powers, take into consideration the fact that the evidence of formal qualifications will enable those so qualified to move and practise in all the Member States of the European Union, as a result of that evidence being recognised automatically and unconditionally (see, to that effect, judgment of 19 June 2003, Tennah-Durez, C‑110/01, EU:C:2003:357, paragraph 56), that recognition being based, as already noted in paragraph 31 of the present judgment, on the Member States’ mutual trust in the adequacy of the evidence of formal qualifications issued by other Member States.
36


In that regard, it can be observed that a system for the automatic and unconditional recognition of evidence of formal qualifications, such as that provided for in Article 21 of Directive 2005/36, would be seriously jeopardised if it were open to Member States at their discretion to question the merits of a decision taken by the competent authority of another Member State to issue such evidence (see, by analogy, judgment of 19 June 2003, Tennah-Durez, C‑110/01, EU:C:2003:357, paragraph 75).
39


Such means allow, moreover, the host Member State to satisfy itself that the attestations and evidence of formal qualifications submitted to it are entitled to automatic and unconditional recognition (see, by analogy, judgment of 19 June 2003, Tennah-Durez, C‑110/01, EU:C:2003:357, paragraph 76).