1. EEC - Freedom to provide services – Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications - "Rules of a professional nature" within the meaning of Article 5(3) of the directive permitting, in the event that a service-provider in another Member States fails to observe them, disciplinary proceedings to be launched before a professional body in the host Member State - Definition – Doctors – Provisions concerning the setting of fees and advertising, contained in a code of ethics drawn up by the German Medical Association [SP11]– Whether included - Request for interpretation

2. EEC - Freedom to provide services - Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications – Exemptions pursuant to Article 6(a) of the directive – Legislation of the host Member State requiring that doctors who are established as service providers in another Member State, comply fully with the relevant professional codes of ethics and with the provisions laid down by the professional body – Whether admissible - Request for interpretation

DE - Heilberufsgesetz (Hessen), Paragraph 3

Berufsordnung für Ärztinnen und Ärzte in Hessen, Paragraphen 12, 27 und Abschnitt D Nº 13