Failure of a Member State to fulfil obligations Incorrect transposition Directive 93/16/EEC Specific training required to practise as a general practitioner
Sumário
Judgment of the Court (Sixth Chamber) of 2 October 2008.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Directive 93/16/EEC - Specific training required to practise as a general practitioner - Incorrect transposition.
Case C-36/08.
Texto da decisão
Judgment of the Court (Sixth Chamber) of 2 October 2008 – Commission v Greece
(Case C‑36/08)
Failure of a Member State to fulfil obligations – Directive 93/16/EEC – Specific training required to practise as a general practitioner – Incorrect transposition
1. Actions for failure to fulfil obligations – Subject-matter of the dispute – Request seeking to have a Member State ordered to take specific measures (Art. 226 EC) (see paras 8-10)
2. Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Doctors – Directive 93/16 (Council Directive 93/16, Arts 30, 31 and 36) (see operative part)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ 1993 L 165, p. 1) – Specific training required to practise as a general practitioner. |
Operative part
The Court:
|
1. |
Declares that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/2003 which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive. |
|
2. |
Dismisses the action as to the remainder. |
|
3. |
Orders the Hellenic Republic to pay the costs. |