Judgment of the Court (Sixth Chamber) of 18 January 2007 – Commission v Czech Republic
(Case C‑203/06)
Failure of a Member State to fulfil obligations – Directive 93/16/EEC – Doctors – Mutual recognition of diplomas, certificates and other evidence of formal qualifications – 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) (see para. 6)
Re:
| Failure of a Member State to fulfil obligations – Failure to transpose, within the prescribed period, Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ 1993 L 165, p.1). |
Operative part
The Court:
1. |
| Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, the Czech Republic has failed to fulfil its obligations under Article 44 of that directive; |
2. |
| Orders the Czech Republic to pay the costs. |