Reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece) lodged on 19 March 2007 — Theologos-Grigorios Khatzithanasis v Ipourgos Igias kai Kinonikis Allilengiis and Organismos Epangelmatikis Ekpaidefsis kai Katartisis (Ο.Ε.Ε.Κ.)

(Case C-151/07)

(2007/C 117/28)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias (Council of State)

Parties to the main proceedings

Applicant: Theologos-Grigorios Khatzithanasis

Defendants: Ipourgos Igias kai Kinonikis Allilengiis (Minister for Health and Social Solidarity) and Organismos Epangelmatikis Ekpaidefsis kai Katartisis (Ο.Ε.Ε.Κ.) (Organisation for Professional Education and Training)

Question referred

When a national of a Member State, relying upon evidence of a qualification which, according to him, falls within the field of application 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 1992 L 209, p. 25), requests the competent authorities of the host Member State to allow him access to a profession regulated in the host Member State or to allow him to pursue that profession, is it open to those authorities — under Articles 1, 2, 3 and 4 of Directive 92/51, interpreted in the light of Articles 149 and 150 of the Treaty establishing the European Community — to reject his application (and thus to exclude entirely access by him to that profession or pursuit thereof in the host Member State) solely on the ground that, while the qualification in question was awarded by an authority of the Member State from which he comes, that followed studies the greater part of which were carried out in the host Member State, at a body which operates freely in that State but, pursuant to the relevant general provision in its legislation, is not recognised as an educational establishment there?