You are on page 1of 2

C 212/24 EN Official Journal of the European Union 2.9.

2006

Pleas in law and main arguments Action brought on 4 July 2006 — Commission of the
European Communities v Hellenic Republic

(Case C-297/06)
The Commission has received numerous complaints concerning
the rejection by the competent Spanish authorities of applica- (2006/C 212/40)
tions for recognition of the professional qualification of engi-
neer obtained in Italy for the purpose of exercising in Spain the Language of the case: Greek
profession of Road, Canal and Port Engineer.

Under Article 3 of Directive 89/48/EEC the Spanish authorities Parties


are required to allow any national of a Member State who
holds the diploma required for pursuing a regulated profession Applicant: Commission of the European Communities (repre-
in another Member State to take up and pursue that profession. sented by: E. Tserepa-Lacombe and I. Khatzigiannis, acting as
According to the facts set out by the Commission, Agents)

Defendant: Hellenic Republic


(1) the profession of Road, Canal and Port Engineer is a regu-
lated profession in Spain;
Form of order sought
(2) the complainants are nationals of a Member State;
— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Council Direc-
(3) the diploma required in Italy for taking up the profession tive 2003/85/EC (1) of 29 September 2003 on Community
of engineer is the Diploma de Laurea in Ingegneria Civile measures for the control of foot-and-mouth disease
together with the Abilitazione all'esercizio della professione repealing Directive 85/511/EEC and Decisions 89/531/EEC
di ingegnere. The complainants hold both qualifications and 91/665/EEC and amending Directive 92/46/EEC, the
and are therefore entitled to pursue the profession of engi- Hellenic Republic has failed to fulfil its obligations under
neer in Italy; and that directive;
— order the Hellenic Republic to pay the costs.
(4) the combined qualification composed of the Laurea in
Ingegneria Civile and the Abilitazione all'esercizio della
professione di ingegnere meets all the requirements of the Pleas in law and main arguments
definition of 'diploma' in Article 1(a) of the Directive.
The time-limit for transposition of the directive into domestic
law expired on 30 June 2004.
Consequently, the Spanish authorities were required to allow
the complainants to take up the profession of Road, Canal and
Port Engineer. By refusing them access to the profession, the (1) OJ L 306, 22.11.2003, p. 1.
Kingdom of Spain has failed to fulfil its obligations under
Article 3 of the Directive.

It is also apparent from the facts stated by the Commission that


the Spanish authorities make participation in the internal
exams for promotion in the civil service where possession of Action brought on 4 July 2006 — Commission of the
the diploma of engineer is required subject, in the case of European Communities v Hellenic Republic
diplomas acquired outside Spain, to their being ‘approved’, that
is to say, recognised as academically equivalent to a Spanish (Case C-299/06)
diploma. That requirement makes it more difficult to achieve
promotion within the service, and hence to pursue the profes- (2006/C 212/41)
sion of engineer, for nationals of a Member State who hold the
professional diploma required in another Member State, and is Language of the case: Greek
also contrary to Article 3 of the Directive.

(1) OJ 1989 L 19, p. 16. Parties

Applicant: Commission of the European Communities (repre-


sented by: G. Zavvos and N.Yerrell)

Defendant: Hellenic Republic


2.9.2006 EN Official Journal of the European Union C 212/25

Form of order sought Pleas in law and main arguments

— declare that, by not adopting, and in any event by not noti- The period prescribed for transposing Directive 2004/26/EC
fying to the Commission, the laws, regulations and adminis- into national law expired on 20 May 2005.
trative provisions necessary to comply with Directive
2002/92/EC (1) of the European Parliament and of the
Council of 9 December 2002 on insurance mediation, the
Hellenic Republic has failed to fulfil its obligations under (1) OJ L 146, p. 1.
Article 16 of that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic


law expired on 14 January 2005.
Action brought on 20 July 2006 — Commission of the
European Communities v Kingdom of Spain
(1) OJ L 9, 15.1.2003, p. 3.
(Case C-317/06)

(2006/C 212/43)

Language of the case: Spanish

Action brought on 19 July 2006 — Commission of the


European Communities v Italian Republic Parties

(Case C-313/06)
Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and R. Vidal Puig, acting as Agents)
(2006/C 212/42)
Defendant: Kingdom of Spain
Language of the case: Italian

Form of order sought


Parties
— declare that, by failing to adopt the laws, regulations and
Applicant: Commission of the European Communities (repre- administrative provisions necessary to comply with Direc-
sented by: D. Lawunmi and D. Recchia, Agents) tive 2002/14/EC of the European Parliament and of the
Council of 11 March 2002 establishing a general frame-
Defendant: Italian Republic work for informing and consulting employees in the Euro-
pean Community (1) and, in any event, by failing to
communicate them to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under that directive;
Form of order sought
— order Kingdom of Spain to pay the costs.
— Declare by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive
2004/26/EC (1) of the European Parliament and of the Pleas in law and main arguments
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of the laws of the Member States
relating to measures against the emission of gaseous and The period prescribed for transposing Directive 2002/14/EC
particulate pollutants from internal combustion engines to into domestic law expired on 23 March 2005.
be installed in non-road mobile machinery or, in any case,
by failing to communicate such measures to the Commis-
sion, the Italian Republic has failed to fulfil its obligations (1) OJ 2002 L 80, p. 29.
under Article 3(1) of that directive.

— Order the Italian Republic to pay the costs of the proceed-


ings.