30.5.2016   

EN

Official Journal of the European Union

C 191/11

1.

Is the prohibition by the Maltese health authorities, or their refusal to grant recognition to the profession of clinical dental technologists/denturists, whereby, despite the absence of discrimination in law, individuals from other Member States who have made an application in this respect are in practice precluded from establishing their profession in Malta, incompatible with the principles and the legal provisions regulating the creation of the single market, in particular those resulting from Articles 49 TFEU, 52 TFEU and 56 TFEU, in a situation where there is no risk to public health?

2.

Should Directive 2005/36/EC (1) of the European Parliament and of the Council of 7 September 2005, known as the Professional Qualifications Directive, be applied with respect to clinical dental technologists in view of the fact that, should a denture prove to be defective, the only consequence would be that the defective dental appliance would have to be modified or replaced, without any risk to the patient?

3.

Can the prohibition by the Maltese health authorities, which is being contested in the present case, serve to ensure the aim of having a high level of public health protection, when any defective denture can be replaced without any risk to the patient?

4.

Does the way in which the defendant, the Superintendent of Public Health, interprets and enforces Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 with respect to clinical dental technologists who have applied for recognition by the same Maltese health authorities constitute an infringement of the principle of proportionality?