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22.11.2008 |
EN |
Official Journal of the European Union |
C 301/12 |
Judgment of the Court (Sixth Chamber) of 2 October 2008 — Commission of the European Communities v Hellenic Republic
(Case C-36/08) (1)
(Failure of a Member State to fulfil obligations - Directive 93/16/EEC - Specific training required to practise as a general practitioner - Incorrect transposition)
(2008/C 301/23)
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: G. Zavvos and H. Støvlbæk, acting as Agents)
Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 30, 31 and 36 of 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) — Specific training required to practise as a general practitioner
Operative part of the judgment
The Court:
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1. |
Declares that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/2003 which are not in compliance with Articles 30, 31 and 36 of 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, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the Hellenic Republic to pay the costs. |