Dieter Kraus v Land Baden-Württemberg.

• Jurisdiction: European Union
• Celex Number: 61992CJ0019
• ECLI: ECLI:EU:C:1993:125
• Docket Number: C-19/92
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 31 March 1993

Avis juridique important

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61992J0019

Judgment of the Court of 31 March 1993. - Dieter Kraus v Land Baden-Württemberg. - Reference for a preliminary ruling: Verwaltungsgericht Stuttgart - Germany. - Use of a post-graduate academic title - Legislation of a Member State requiring authorization for the use of academic titles awarded in another Member State. - Case C-19/92.

European Court reports 1993 Page I-01663
Swedish special edition Page I-00167
Finnish special edition Page I-00177

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1. Freedom of movement for persons ° Workers ° Freedom of establishment ° Provisions of the Treaty ° Persons covered ° Nationals of a Member State holding a postgraduate academic title awarded in another Member State

(EEC Treaty, Arts 48 and 52)

2. Freedom of movement for persons ° Workers ° Freedom of establishment ° Regulations by a Member State, in the absence of specific Community rules, of the use by one of its nationals of a postgraduate academic title awarded in another Member State ° Permissibility ° Conditions

(EEC Treaty, Arts 48 and 52)

Summary

1. The situation of a Community national who holds a postgraduate academic title which, awarded in another Member State, facilitates access to a profession or, at least, the pursuit of an economic activity, is governed by Community law, even as regards the relations between that national and the Member State whose nationality he possesses.

Freedom of movement for workers and the right of establishment guaranteed by Articles 48 and 52 of the Treaty are fundamental rights in the Community system, and would not be fully realized if the Member States were able to refuse to grant the benefit of the provisions of Community law to those of their nationals who have taken advantage of its provisions to acquire vocational qualifications in a Member State other than that of which they were nationals.

2. Having regard to the fact that the need to protect a public which will not necessarily be alerted to abuse of academic titles not awarded according to the rules laid down in the country in which the holder of the title intends to make use of it constitutes a legitimate interest such as to justify a restriction, by the Member State in question, of the fundamental freedoms guaranteed by the Treaty, which have been exercised by one of its nationals by going to another Member State in order to undergo additional education and training, and in the absence of harmonization of the conditions under which a person holding a postgraduate academic title may make use of it in Member States other than the one in which it was awarded, Articles 48 and 52 of the Treaty must be interpreted as meaning that they do not preclude a Member State from prohibiting one of its own nationals, who holds a postgraduate academic title awarded in another Member State, from using that title on its territory without having obtained an administrative authorization for that purpose.

The administrative procedure which the person concerned must follow for that purpose must be intended solely to verify whether the postgraduate academic title was properly awarded and it must be easily accessible and not call for the payment of excessive administrative fees; any decision refusing authorization must be capable of being subject to judicial proceedings, the person concerned must be able to ascertain the reasons for the decision and the penalties prescribed for non-compliance with the authorization procedure must not be disproportionate to the gravity of the offence.

Parties

In Case C-19/92,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Verwaltungsgericht Stuttgart (Federal Republic of Germany) for a preliminary ruling in the proceedings pending before that court between

Dieter Kraus

and

Land Baden-Wuerttemberg

on the interpretation of Article 48 of the EEC Treaty or any other relevant provision of Community law,

THE COURT,

composed of: O. Due, President, C.N. Kakouris, M. Zuleeg and J.L. Murray (Presidents of Chambers), G.F. Mancini, F.A. Schockweiler, J.C. Moitinho de Almeida, F. Grévisse and M. Diez de Velasco, Judges,

Advocate General: W. Van Gerven,

Registrar: H.A. Ruehl,

after considering the written observations submitted on behalf of:

° The Land Baden-Wuerttemberg, by M.E. Schoembs, Regierungsdirektor at the Ministry of Sciences and Arts of the Land Baden-Wuerttemberg,

° The Commission of the European Communities, by H. Étienne, Principal Legal Adviser and E. Lasnet, Legal Adviser, acting as Agents,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Dieter Kraus, representing himself, of the Land Baden-Wuerttemberg, of the United Kingdom, represented by Miss S. Cochrane, of the Treasury Solicitor' s Department, acting as Agent, assisted by Mr R. Plender QC, of the Bar of England and Wales, and of the Commission at the hearing on 20 November 1992,

after hearing the Opinion of the Advocate General at the sitting on 13 January 1993,

gives the following

Judgment

Grounds

1 By order of 19 December 1991, received at the Court on 24 January 1992, the Verwaltungsgericht Stuttgart (Administrative Court, Stuttgart), Federal Republic of Germany, referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty a question on the interpretation of Article 48 of the Treaty, with a view to determining the compatibility with Community law of legislation of a Member State requiring prior authorization for the use by one of its nationals, on its territory, of a postgraduate academic title awarded...