Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Mutual recognition of diplomas, certificates and other evidence of formal qualifications Directive 78/686/EEC Practitioners of dentistry Measures to facilitate the effective exercise of the right of establishment and freedom to provide services
Sumário
Judgment of the Court (Sixth Chamber) of 18 January 2007.
Commission of the European Communities v Czech Republic.
Failure of a Member State to fulfil obligations - Directive 78/686/EEC - Mutual recognition of diplomas, certificates and other evidence of formal qualifications - Practitioners of dentistry - Measures to facilitate the effective exercise of the right of establishment and freedom to provide services - Failure to transpose within the prescribed period.
Case C-204/06.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 18 January 2007 – Commission v Czech Republic
(Case C‑204/06)
Failure of a Member State to fulfil obligations – Directive 78/686/EEC – Mutual recognition of diplomas, certificates and other evidence of formal qualifications – Practitioners of dentistry – Measures to facilitate the effective exercise of the right of establishment and freedom to provide services – Failure to transpose within the prescribed period
1. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 11)
2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 12)
Re:
| Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (OJ 1978 L 233, p. 1). |
Operative part
The Court:
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Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services, the Czech Republic has failed to fulfil its obligations under Article 24 of that directive; |
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Orders the Czech Republic to pay the costs. |