«(Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC))»

1.. 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 – Employment in the public service – Included (EC Treaty, Art. 48(4) (now, after amendment, Art. 39(4) EC); Council Directive 89/48)

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 – Definition of regulated profession – National legal classifications not relevant (Council Directive 89/48)

3.. 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 – Directive 89/48 – Definition of diploma – Passing the final examination of a national public health college of a Member State – Included – Equivalence of such a diploma and a diploma obtained in another Member State – Assessment to be made by the national court (Council Directive 89/48, Art. 3, first para., point (a))

4.. Freedom of movement for persons – Workers – Access to hospital public service conditional, for persons holding a diploma obtained in a Member State and equivalent to that required in the host Member State, on passing an entrance examination for a national public health college – Not permissible (EC Treaty, Art. 48 (now, after amendment, Art. 39 EC)

JUDGMENT OF THE COURT 9 September 2003 (1)

((Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC)))

In Case C-285/01,

REFERENCE to the Court under Article 234 EC by the Cour administrative d'appel de Douai (France) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 48 of the EC Treaty (now, after amendment, Article 39 EC) and of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.A. Timmermans (Rapporteur) (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, 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 Burbaud, of the French Government, represented by C. Bergeot-Nunes and G. de Bergues, and of the Commission, represented by M. Patakia and D. Martin, acting as Agent, at the hearing on 26 June 2002,

after hearing the Opinion of the Advocate General at the sitting on 12 September 2002,having regard to the order of 19 November 2002 reopening the oral procedure,after hearing the oral observations of Ms Burbaud, of the French Government, represented by G. de Bergues and R. Abraham, acting as Agent, of the Swedish Government, represented by A. Kruse, and of the Commission, represented by M. Patakia and D. Martin, at the hearing on 7 January 2003,after hearing the Opinion of the Advocate General at the sitting on 11 February 2003,

gives the following

Community legislation

which has been awarded by a competent authority in a Member State, designated in accordance with its own laws, regulations or administrative provisions;

which shows that the holder has successfully completed a post-secondary course of at least three years' duration, or of an equivalent duration part-time, at a university or establishment of higher education or another establishment of similar level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course, and

which shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession in that Member State, provided that the education and training attested by the diploma, certificate or other evidence of formal qualifications were received mainly in the Community, or the holder thereof has three years' professional experience certified by the Member State which recognised a third-country diploma, certificate or other evidence of formal qualifications. The following shall be treated in the same way as a diploma, within the meaning of the first subparagraph: any diploma, certificate or other evidence of formal qualifications or any set of such diplomas, certificates or other evidence awarded by a competent authority in a Member State if it is awarded on the successful completion of education and training received in the Community and recognised by a competent authority in that Member State as being of an equivalent level and if it confers the same rights in respect of the taking up and pursuit of a regulated profession in that Member State;

...

where the matters covered by the education and training he has received as laid down in Article 3(a) and (b), differ substantially from those covered by the diploma required in the host Member State, or

Should the host Member State make use of this possibility, it must give the applicant the right to choose between an adaptation period and an aptitude test....2. However, the host Member State may not apply the provisions of paragraph 1(a) and (b) cumulatively.

National legislation

The first question

Observations submitted to the Court

Reply of the Court

The second question

Observations submitted to the Court

Reply of the Court

On those grounds,

THE COURT,

in answer to the questions referred to it by the Cour administrative d'appel de Douai by decision of 12 July 2001, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 9 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President