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IP/09/439

Brussels, 19 March 2009

Professional qualifications: Commission requests Spain for information on compliance with Court judgment

The European Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice to the Spanish authorities requesting information on the measures they have taken to comply with the Court of Justice's judgment of 23.10.2008 (C-286/06) regarding recognition of professional qualifications of engineers.

The Court held that by refusing to recognise the professional qualifications of engineers obtained in Italy on the basis of university education and training provided solely in Spain, and by making admission to internal exams for promotion in the civil service subject - in the case of engineers with professional qualifications obtained in another Member State - to the academic recognition of those qualifications, Spain has failed to fulfil its obligations under Council Directive 89/48/EEC as amended by Directive 2001/19/EC, and in particular Article 3 thereof.

It has to be noted that, in the meantime, Directive 89/48/EEC has been replaced by Directive 2005/36/EC on the recognition of professional qualifications, which entered into force on 20 October 2007 and which confirms and takes over the legal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.

The latest information on infringement proceedings concerning all Member States can be found at:

http://ec.europa.eu/community_law/index_en.htm


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