Source: All England Reporter
Publisher Citation: [2002] All ER (D) 145 (Jan)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Jann (President), von Bahr, Edward (Rapporteur), La Pergola and Timmermans

Judgment Dates: 22 January 2002


European Community - Directives - Transposition into national law - Diplomas - Respondent Community national applying for recognition of diploma as architectural qualification - Respondent's qualification not automatically recognised by Council Directive - Respondent arguing national authorities having to consider all qualifications and experience when recognition not automatic under Council Directive - Council Directive (EEC) 85/384 - EC Treaty, art 43.  

The Case

Article 43 EC was to be interpreted as meaning that where a Community national applied to the competent authorities of a member state for authorisation to practice a profession, access to which depended, under national legislation, on the possession of a diploma or professional qualification or on periods of practical experience, those authorities were required to take into consideration all of the diplomas, certificates and other evidence of formal qualifications of the person concerned, and his relevant experience, by comparing the specialised knowledge and abilities so certified, and that experience, with the knowledge and qualifications required by the national legislation, even where a directive on the mutual recognition of diplomas had been adopted for the profession concerned, but where application of that directive did not result in automatic recognition of the applicant's qualification or qualifications.

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