Judgment of the Court (Sixth Chamber) of 8 June 2006 – Commission v France
(Case C-164/05)
Failure of a Member State to fulfil obligations – Directive 2001/19/EC – General system for the recognition of professional qualifications – Mutual recognition of diplomas, certificates and other qualifications – Nurse, dentist, veterinary surgeon, midwife, architect, pharmacist and doctor – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court –Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (cf. points 14-15)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt the measures necessary to comply with Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC concerning the general system for the recognition of professional qualifications, and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (OJ 2001 L 206, p. 1). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Articles 1 to 4 and 9 to 13 of Directive 2001/19/EC of the European Parliament and of the Council 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications, and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC on the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor, the French Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the French Republic to pay the costs. |