||All England Reporter
|| All ER (D) 85 (Aug)
||Court of Justice of the European Communities (Fifth Chamber)
Judges Jann (President), Edward and La Pergola (Rapporteur)
||11 July 2002
European Community - Freedom of establishment - Freedom of movement of services - Restriction on freedom to provide services - Lay health practitioners - National rules prohibiting profession of lay health practitioner - National rules prohibiting training courses and advertising of training courses for qualification as lay health practitioner - Whether rules compatible with Community law on freedom of establishment and freedom of establishment of services - Council Directive (EEC) 92/51 - Articles 43 and 49 EC (formerly EC Treaty, arts 52 and 59).
On an application for a preliminary ruling, the Court of Justice of the European Communities ruled that no provision of Community law precluded a member state from prohibiting the profession of Heilpraktikers (the professional or commercial activity involving the diagnosis, treatment, or alleviation of physical or mental disorders by persons not qualified as doctors, as defined and allowed by German legislation). Further, those member states were not precluded by arts43 and 49EC from prohibiting, in principle, the training of Heilpraktikers and the advertising of such training within its territory. However, arts43 and 49EC precluded the prohibition on advertising of training as a Heilpraktiker in another member state provided that the advertisement stated that the profession was unlawful in the first member state.
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