Source: All England Reporter
Publisher Citation: [2002] All ER (D) 242 (May)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

Judges von Bahr (President), Edward (Rapporteur) and Wathelet
Judgment Dates: 16 May 2002

Catchwords

European Community - Failure to fulfil obligations - Failure to implement directive within prescribed period - Spain - Obligation to facilitate free movement of doctors and mutual recognition of diplomas, certificates and other evidence of formal qualifications by member states - Whether Spain fulfilling obligations - Council Directive (EC) 93/16, arts 8, 18.

The Case

On an application by which the Commission of the European Communities brought an action under Article 226 EC seeking a declaration that, by failing to transpose correctly, within the prescribed time-limit, art8 of Council Directive (EC) 93-16 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, and by failing to transpose art18 of that same directive, Spain had failed to fulfil its obligations under the provisions of the EC Treaty and of that directive, the Court granted the declaration sought in respect of art8 of the directive and dismissed the remainder of the application.

Practice Areas

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