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Brussels, 14 April 2009

Recognition of professional qualifications: the Commission sends a letter of formal notice to Spain regarding air traffic controllers

In accordance with Article 228 of the EC Treaty, the European Commission has decided to send a letter of formal notice asking the Spanish authorities to notify it of the measures taken at national level in order to comply with the Court of Justice judgment of 16 October 2008 (C-136/07). In that judgment, the Court ruled that Spain's legislation on the recognition of air traffic controller qualifications failed to comply with Council Directives 89/48/EEC and 92/51/EEC on a general system for the recognition of qualifications.

It should be noted that these Directives have now been superseded by Directive 2005/36/EC on the recognition of professional qualifications, which entered into force on 20 October 2007; however, this has not made any substantial changes to the recognition procedure. Furthermore, Spain has still not transposed Directive 2006/23/EC on a Community air traffic controller licence. Current Spanish legislation therefore does not contain any provisions on the recognition of air traffic controller qualifications obtained in another Member State, as provided for by the Community Directives.

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

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