Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg.

• Jurisdiction: European Union
• Celex Number: 61989CJ0340
• ECLI: ECLI:EU:C:1991:193
• Docket Number: C-340/89
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 07 May 1991

Avis juridique important

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61989J0340

Judgment of the Court of 7 May 1991. - Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg. - Reference for a preliminary ruling: Bundesgerichtshof - Germany. - Freedom of establishment - Recognition of diplomas - Lawyers. - Case C-340/89.

European Court reports 1991 Page I-02357
Swedish special edition Page I-00189
Finnish special edition Page I-00201

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Free movement of persons - Freedom of establishment - Lawyers - Access to the profession - Obligation of Member States to examine the correspondence between the diplomas and qualifications required by national law and those obtained in the Member State of origin - Obligation to give a reasoned decision open to challenge in legal proceedings

(EEC Treaty, Art. 52)

Summary

Article 52 of the EEC Treaty must be interpreted as requiring the national authorities of a Member State to which an application for admission to the profession of lawyer is made by a Community subject who is already admitted to practice as a lawyer in his country of origin and who practices as a legal adviser in the first-mentioned Member State to examine to what extent the knowledge and qualifications attested by the diploma obtained by the person concerned in his country of origin correspond to those required by the rules of the host State. That examination must be carried out in accordance with a procedure which is in conformity with the requirements of Community law concerning the effective protection of the fundamental rights conferred by the Treaty on Community subjects. It follows that any decision taken must be capable of being made the subject of judicial proceedings in which its legality under Community law can be reviewed and that the person concerned must be able to ascertain the reasons for the decision taken in his regard.

If those diplomas correspond only partially, the national authorities in question are entitled to require the person concerned to prove that he has acquired the knowledge and qualifications which are lacking. In this regard the said authorities must assess whether the knowledge acquired in the host Member State, either during a course of study or by way of practical experience, is sufficient in order to prove possession of the knowledge which is lacking.

If the completion of a period of preparation or training for entry into the profession is required in the host Member State, the national authorities must decide whether professional experience acquired in the Member State of origin or in the host Member State may be regarded as satisfying that requirement in full or in part.

Parties

In Case C-340/89,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Bundesgerichtshof for a preliminary ruling in the action pending before that court between

Irene Vlassopoulou

and

Ministerium fuer Justiz, Bundes- und Europaangelegenheiten

Baden-Wuerttemberg

on the interpretation of Article 52 of the EEC Treaty,

THE COURT

composed of: O. Due, President, G.C. Rodríguez Iglesias and M. Díez de Velasco (Presidents of Chambers), Sir Gordon Slynn, C.N. Kakouris, R. Joliet, F. Grévisse, M. Zuleeg and P.J.G. Kapteyn, Judges,

Advocate General: W. Van Gerven,

Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted by:

- Mrs Vlassopoulou, of the Athens Bar,

- the Ministerium fuer Justiz, Bundes- und Europaangelegenheiten [Ministry of Justice and Federal and European Affairs] of the Land Baden-W*rttemberg, by M. Schmolz, acting as Agent,

- the Government of the Federal Republic of Germany, by Ernst Roeder, Executive Director at the Federal Ministry of Economic Affairs, and Horst Teske, Ministerial Adviser at the Federal Ministry of Justice, both acting as Agents,

- the Italian Government, by Pier Georgio Ferri, Avvocato dello Stato, acting as Agent,

- the Commission of the European Communities, by Friedrich-Wilhelm Albrecht and Étienne Lasnet...