Brussels, 20 November 2009
Professional qualifications: Commission requests information from Greece on compliance with Court judgments on engineers and implementation of EU rules
The European Commission has decided, under Article 228 of the EC Treaty, to send a reasoned opinion to Greece requesting information on the measures they have taken to comply with a judgment of the European Court of Justice of 23.10.2008 (C-274/05) regarding the recognition of professional qualifications of engineers. The Commission will also send a letter of formal notice to Greece under Article 228 regarding a judgment of the Court of 2.7.2009 (C-465/08) on the implementation of a Directive on professional qualifications.
The Court held that Greece has failed to fulfil its obligations under Directive 89/48/EEC by refusing to recognise diplomas, in particular for engineers, awarded by the competent authorities of another Member State under a franchise agreement.
Greece also violated its obligations under that same Directive by providing for the application of compensatory measures in more cases than those allowed, and by checking the level of the educational establishment that issued the diploma. Finally, Greece violated Directive 89/48/EEC by not allowing, in the public sector, the reclassification, at a higher grade, of persons recruited at a level lower than that to which they would have been entitled if their diplomas had been recognised in accordance with that Directive.
In response to the letter of formal notice, Greece provided information on the measures it has taken to comply with judgment C-274/05. These measures are however not sufficient in order to comply with the conclusions of the European Court of Justice. In this context, Greece also announced the adoption of measures implementing Directive 2005/36/EC but no such draft measures have yet been submitted.
The Commission has therefore decided to send a reasoned opinion to Greece.
It has to be noted that, in the meantime, Directive 89/48/EEC has been replaced by Directive 2005/36/EC on the recognition of professional qualifications, which entered into force on 20 October 2007 and which confirms and takes over the legal framework appropriate to this issue under Directive 89/48/EEC.
Implementation of Professional Qualifications Directive
La Commission a décidé d'adresser à la Grèce une mise en demeure au titre de l'article 228 du Traité CE car la Grèce n'a toujours pas communiqué à la Commission les mesures visant à transposer, en droit interne, la directive 2005/36/CE sur la reconnaissance des qualifications professionnelles suite à l'arrêt de la Cour de justice des CE du 2 juillet 2009 (affaire C-465/08). La directive 2005/36/CE devait être transposée en droit interne au plus tard le 20 Octobre 2007.
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