IP/09/579
Brussels, 14 April 2009
Professional qualifications: Commission acts
to ensure that Luxembourg implements EU law
The European Commission has decided to send
Luxembourg a letter of formal notice under Article 228 of the EC Treaty
regarding its failure to execute a 2008 judgment of the European Court of
Justice. This judgment (case C-223/08) concerned the non-communication of
measures taken to implement Directive 2006/100/EC, which provides for technical
adaptations to the Directives on professional qualifications further to the
accession of Bulgaria and Romania to the European Union on 1 January 2007. It
updates, amongst others, all the lists of qualifications which benefit from
automatic recognition by completing them with the corresponding Bulgarian and
Romanian qualifications. The deadline for transposing Directive 2006/100/EC
expired on 1 January 2007. Luxembourg has still not brought into force all the
necessary provisions.
As long as the Directive is not implemented into national law, the
professionals holding Bulgarian or Romanian qualifications risk enduring
needlessly bureaucratic and slow procedures before being able to exercise their
right to work anywhere in the European Union and the potential users of the
services of these professionals may be deprived of the opportunity to benefit
from their expertise.
Following the judgment, the Luxembourg authorities have notified one measure
concerning lawyers which is, however, not sufficient to fully transpose the
Directive in question.
The latest information on infringement proceedings concerning all Member
States can be found at:
http://ec.europa.eu/community_law/index_en.htm