«(Freedom of establishment – Enrolment in the register of praticanti – Recognition of diplomas – Access to regulated professions)»

1.. Freedom of movement for persons – Freedom of establishment – Lawyers – Practice of the profession on a permanent basis in a Member State other than that in which the qualification was acquired – Directive 98/5 – Scope – Trainee lawyer – Not included (Directive 98/5 of the European Parliament and the Council)

2.. Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration – Scope of Directive 89/48 – Concept of regulated profession – Trainee lawyer – Not included (Council Directive 89/48)

3.. Freedom of movement for persons – Freedom of establishment – Lawyers – Access to the profession – Enrolment of trainee lawyers in the professional register – Requirement of a law degree issued, confirmed or recognised as equivalent by the authorities of the Member State concerned – Not permissible (Arts 39 EC and 43 EC)

JUDGMENT OF THE COURT (Fifth Chamber) 13 November 2003 (1)

((Freedom of establishment – Enrolment in the register of praticanti – Recognition of diplomas – Access to regulated professions))

In Case C-313/01,

REFERENCE to the Court under Article 234 EC by the Corte suprema di cassazione (Italy) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 10 EC, 12 EC, 14 EC, 39 EC, 43 EC and 149 EC,

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward (Rapporteur), acting for the President of the Fifth Chamber, A. La Pergola and S. von Bahr Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Ms Morgenbesser, represented by G. Conte, avvocato, and G. Borneto, of the Consiglio dell'Ordine degli avvocati di Genova, represented by M. Condinanzi, avvocato, of the Italian Government, represented by A. Cingolo, avvocato dello Stato, and of the Commission, represented by E. Traversa, at the hearing on 16 January 2003,

after hearing the Opinion of the Advocate General at the sitting on 20 March 2003,

gives the following

...

...

National legislation

The basic provisions concerning the profession of avvocato

The provisions transposing Directives 89/48 and 98/5

...

Observations submitted to the Court

The Court's reply

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Corte suprema di cassazione by order of 19 April 2001, hereby rules:

Edward

La Pergola

von Bahr

Delivered in open court in Luxembourg on 13 November 2003.

R. Grass

V. Skouris

Registrar

President