24.1.2009   

EN

Official Journal of the European Union

C 19/2

Judgment of the Court (Second Chamber) of 4 December 2008 — Commission of the European Communities v Hellenic Republic

(Case C-84/07) (1)

(Failure of a Member State to fulfil obligations - Directive 92/51/EEC - Recognition of diplomas - Studies completed in an ‘independent study centre’ not recognised as an educational establishment by the host Member State - Optician)

(2009/C 19/02)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and H. Stølvbæk, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 3, 4(1)(b) and 12 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, p. 25)

Operative part of the judgment

The Court:

1.

Declares that the Hellenic Republic,

—

by failing to recognise the optician diplomas granted by the competent Italian authorities following training given under an agreement pursuant to which training given in Greece by a private body is homologised by those authorities;

—

by making consideration of applications for recognition of Italian optician diplomas subject to the provision, by the Italian authorities, of the answers to five questions previously sent to them by the Greek authorities; and

—

by allowing applicants for recognition of Italian optician diplomas, who applied before entry into force of Law 2916/2001 on the structure of university or similar education and the regulation of questions on the technological sector of that education, no choice between an adaptation period and an aptitude test,

has failed to fulfil its obligations under Article 3, the third section of Article 4(1)(b) and Article 12 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001;

2.

Orders the Hellenic Republic to pay the costs.

(1)  OJ C 95, 28.4.2007.

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