Source: All England Reporter
Publisher Citation: [2002] All ER (D) 333 (Mar)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

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

Judgment Dates: 21 March 2002

Catchwords

European Community - Failure of member state to fulfil obligations - Mutual recognition of formal qualifications in architecture - Access to the profession of architect - Commission sending reasoned opinion to Italian Republic requesting compliance - Italian Republic contending provisions directly applicable - Whether Italian Republic failing to fulfil obligations - EC Treaty, art 226 - Council Directive (EEC) 85/384, arts 12, 20, 22, 27, 31.

The Case

On an application by the Commission of the European Communities under art226 of the EC Treaty, the Court of Justice of the European Communities declared that the Italian Republic failed to fulfil its obligations under arts12, 22, 27 and 31 of Community Directive (EEC) 85-345 in failing to adopt measures necessary for mutual recognition of formal qualifications in architecture and, in respect of the provisions in Legislative Decree Nos 129-92 and 776-94, under art52 and 59 of the EC Treaty.

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