Commission of the European Communities v Federal Republic of Germany.

• Jurisdiction: European Union
• Celex Number: 61984CJ0029
• ECLI: ECLI:EU:C:1985:229
• Court: Court of Justice (European Union)
• Date: 23 May 1985
• Procedure Type: Recours en constatation de manquement - fondé
• Docket Number: 29/84

Avis juridique important

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61984J0029

Judgment of the Court of 23 May 1985. - Commission of the European Communities v Federal Republic of Germany. - Right of establishment and freedom to provide services - Nurses - Implementation of directives. - Case 29/84.

European Court reports 1985 Page 01661
Swedish special edition Page 00221
Finnish special edition Page 00231

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . MEASURES ADOPTED BY THE INSTITUTIONS - DIRECTIVES - IMPLEMENTATION BY THE MEMBER STATES - TRANSPOSITION INTO NATIONAL LAW WITHOUT LEGISLATIVE ACTION - CONDITIONS - EXISTENCE OF GENERAL PRINCIPLES OF LAW WHICH GUARANTEE THAT THE DIRECTIVE WILL BE FULLY APPLIED

( EEC TREATY , ART . 189 , THIRD PARAGRAPH )

2 . FREE MOVEMENT OF PERSONS - RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - NURSES - RECOGNITION OF DIPLOMAS - DIRECTIVE NO 77/452 - IMPLEMENTATION - NATIONAL LEGISLATION WHICH EMPOWERS THE AUTHORITIES TO ASSESS THE EQUIVALENCE OF TRAINING - NOT IN CONFORMITY WITH THE DIRECTIVE

( COUNCIL DIRECTIVE NO 77/452 , ART . 3 )

Summary

1 . IT FOLLOWS FROM THE THIRD PARAGRAPH OF ARTICLE 189 OF THE EEC TREATY THAT THE IMPLEMENTATION OF A DIRECTIVE DOES NOT NECESSARILY REQUIRE LEGISLATIVE ACTION IN EACH MEMBER STATE . IN PARTICULAR , THE EXISTENCE OF GENERAL PRINCIPLES OF CONSTITUTIONAL OR ADMINISTRATIVE LAW MAY RENDER IMPLEMENTATION BY SPECIFIC LEGISLATION SUPERFLUOUS , PROVIDED HOWEVER THAT THOSE PRINCIPLES GUARANTEE THAT THE NATIONAL AUTHORITIES WILL IN FACT APPLY THE DIRECTIVE FULLY AND THAT , WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS , THE LEGAL POSITION ARISING FROM THOSE PRINCIPLES IS SUFFICIENTLY PRECISE AND CLEAR AND THE PERSONS CONCERNED ARE MADE FULLY AWARE OF THEIR RIGHTS AND , WHERE APPROPRIATE , AFFORDED THE POSSIBILITY OF RELYING ON THEM BEFORE THE NATIONAL COURTS .

2 . NATIONAL LEGISLATION CONCERNING ACCESS TO THE NURSING PROFESSION DOES NOT CONFORM TO DIRECTIVE NO 77/452/EEC WHERE , IN RELATION TO FOREIGNERS , IT EMPOWERS THE COMPETENT AUTHORITIES TO ASSESS , CASE BY CASE , THE EQUIVALENCE OF TRAINING RECEIVED OUTSIDE THAT STATE AND DOES NOT ACCORD NATIONALS OF OTHER MEMBER STATES THE RIGHT TO PURSUE THE PROFESSION OF NURSE SOLELY ON THE BASIS OF A DIPLOMA OBTAINED IN ONE OF THOSE STATES , EVEN IF THAT DIPLOMA IS LISTED IN ARTICLE 3 OF DIRECTIVE NO 77/452 .

Parties

IN CASE 29/84

COMMISSION OF THE EUROPEAN COMMUNITIES , REPRESENTED BY I . PERNICE AND C . BAIL , BOTH MEMBERS OF ITS LEGAL DEPARTMENT , ACTING AS AGENTS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF G . KREMLIS , ALSO A MEMBER OF THE COMMISSION ' S LEGAL DEPARTMENT , JEAN MONNET BUILDING , KIRCHBERG ,

APPLICANT ,

V

FEDERAL REPUBLIC OF GERMANY , REPRESENTED BY J . SEDEMUND , OF DERINGER , TESSIN , HERRMANN & SEDEMUND , COLOGNE , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE GERMAN EMBASSY , 20-22 AVENUE EMILE-REUTER ,

DEFENDANT ,

Subject of the case

APPLICATION FOR A DECLARATION THAT , BY FAILING TO ADOPT THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NEEDED TO COMPLY WITH COUNCIL DIRECTIVE NO 77/452/EEC OF 27 JUNE 1977 CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF THE FORMAL QUALIFICATIONS OF NURSES RESPONSIBLE FOR GENERAL CARE , INCLUDING MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES , AND COUNCIL DIRECTIVE NO 77/453/EEC OF 27 JUNE 1977 CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF THE ACTIVITIES OF NURSES RESPONSIBLE FOR GENERAL CARE ( OFFICIAL JOURNAL 1977 , L 176 , PP . 1 AND 8 ), THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY ,

Grounds

1 BY AN APPLICATION LODGED AT THE COURT REGISTRY ON 30 JANUARY 1984 THE COMMISSION OF THE EUROPEAN COMMUNITIES BROUGHT AN ACTION BEFORE THE COURT UNDER ARTICLE 169 OF THE EEC TREATY FOR A DECLARATION THAT , BY FAILING TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NEEDED TO IMPLEMENT COUNCIL DIRECTIVE NO 77/452/EEC OF 27 JUNE 1977 CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF THE FORMAL QUALIFICATIONS OF NURSES RESPONSIBLE FOR GENERAL CARE , INCLUDING MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES , AND COUNCIL DIRECTIVE NO 77/453/EEC OF 27 JUNE 1977 CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF THE ACTIVITIES OF NURSES RESPONSIBLE FOR GENERAL CARE ( OFFICIAL JOURNAL 1977 , L 176 , PP . 1 AND 8 ), THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY .

2 DIRECTIVE NO 77/452 CONCERNS THE RIGHTS OF NATIONALS OF OTHER MEMBER STATES TO TAKE UP AND PURSUE THE ACTIVITIES REFERRED TO ABOVE , WHILST DIRECTIVE NO 77/453 CONCERNS THE TRAINING AND EXAMINATIONS REQUIRED IN ORDER TO OBTAIN THE DIPLOMAS WHOSE RECOGNITION IS PROVIDED FOR IN THE FIRST DIRECTIVE .

3 ACCORDING TO ARTICLE 2 OF DIRECTIVE NO 77/452 , EACH MEMBER STATE MUST RECOGNIZE THE DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS AWARDED TO NATIONALS OF MEMBER STATES BY OTHER MEMBER STATES AND MUST GIVE SUCH QUALIFICATIONS THE SAME EFFECT IN ITS TERRITORY AS THOSE WHICH THE MEMBER STATE ITSELF AWARDS . ARTICLE 3 LISTS THE DIPLOMAS AND OTHER QUALIFICATIONS WHICH MUST BE RECOGNIZED BY THE OTHER MEMBER STATES AND FOR THE AWARD OF WHICH THE MEMBER STATE CONCERNED MUST REQUIRE THE TRAINING AND EXAMINATIONS PROVIDED FOR IN DIRECTIVE NO 77/453 .

4 ARTICLE 4 IS INTENDED TO ACCORD SIMILAR RIGHTS TO COMMUNITY NATIONALS WHOSE DIPLOMAS WERE AWARDED BEFORE THE IMPLEMENTATION OF DIRECTIVE NO 77/453 AND DO NOT SATISFY...