Case C‑492/12

Council national de l’ordre des médecins

v

Ministre de l’Enseignement supérieur et de la Recherche

and

Ministre des Cases sociales and de la Santé

(Request for a preliminary ruling from the Conseil d’État (France)]

‛Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Directive 2005/36/EC — Recognition of professional qualifications — Dental profession — Specific nature and distinction from the medical profession — Common training’

Summary — Judgment of the Court (Fourth Chamber), 19 September 2013

1. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — National legislation creating a specialised training course, either in the field of medicine or that of dentistry, its title not corresponding to those listed in Annex V to that directive — Lawfulness — Conditions

   (European Parliament and Council Directive 2005/36, Arts. 24 and 34 and Annex V)

2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — National legislation including medical subjects as part of a specialised training course in dentistry — Lawfulness

   (European Parliament Council Directive 2005/36)

1.  Directive 2005/36 on the recognition of professional qualifications must be interpreted as not precluding the creation, by a Member State, of a specialised training course, either in the field of medicine or that of dentistry, the title of which does not correspond to those listed, in respect of that Member State, in Annex V to that directive. Such a specialised course may be open both to persons who have completed only a basic medical training course and to those who have completed and validated only studies in the context of a basic dental training course. If a Member State creates a specialised training course which does not correspond, by its title, to a specialisation listed in Annex V to Directive 2005/36 and does not confer entitlement to the award of a title listed in that annex, that specialisation is not a training course within the meaning of Articles 25 and 35 of that directive and, with the result that, that directive does not govern the conditions for access or the content of the training course thus created.

   However, in the light of Directive 2005/36, such a specialised training course, which is not covered by Annex V, cannot, in so far as it does not fulfil the requirements laid down in Article 24 or 34 of that directive concerning basic medical or dentistry training, lead to the issuing of evidence of basic medical training or evidence of basic dental training. Directive 2005/36 precludes a person who does not possess evidence of basic medical training from practising the profession of medical practitioner and a person who does not possess evidence of basic dentistry training from practising the profession of dental practitioner.

   (see paras 38-41, 44, 45, operative part 1)

2.  Directive 2005/36 on the recognition of professional qualifications must be interpreted as not precluding medical subjects from forming part of a specialised training course in dentistry.

   (see para. 50, operative part 2)

Case C‑492/12

Council national de l’ordre des médecins

v

Ministre de l’Enseignement supérieur et de la Recherche

and

Ministre des Cases sociales and de la Santé

(Request for a preliminary ruling from the Conseil d’État (France)]

‛Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Directive 2005/36/EC — Recognition of professional qualifications — Dental profession — Specific nature and distinction from the medical profession — Common training’

Summary — Judgment of the Court (Fourth Chamber), 19 September 2013

1. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — National legislation creating a specialised training course, either in the field of medicine or that of dentistry, its title not corresponding to those listed in Annex V to that directive — Lawfulness — Conditions

   (European Parliament and Council Directive 2005/36, Arts. 24 and 34 and Annex V)

2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Workers — Recognition of professional qualifications — Directive 2005/36 — National legislation including medical subjects as part of a specialised training course in dentistry — Lawfulness

   (European Parliament Council Directive 2005/36)

1.  Directive 2005/36 on the recognition of professional qualifications must be interpreted as not precluding the creation, by a Member State, of a specialised training course, either in the field of medicine or that of dentistry, the title of which does not correspond to those listed, in respect of that Member State, in Annex V to that directive. Such a specialised course may be open both to persons who have completed only a basic medical training course and to those who have completed and validated only studies in the context of a basic dental training course. If a Member State creates a specialised training course which does not correspond, by its title, to a specialisation listed in Annex V to Directive 2005/36 and does not confer entitlement to the award of a title listed in that annex, that specialisation is not a training course within the meaning of Articles 25 and 35 of that directive and, with the result that, that directive does not govern the conditions for access or the content of the training course thus created.

   However, in the light of Directive 2005/36, such a specialised training course, which is not covered by Annex V, cannot, in so far as it does not fulfil the requirements laid down in Article 24 or 34 of that directive concerning basic medical or dentistry training, lead to the issuing of evidence of basic medical training or evidence of basic dental training. Directive 2005/36 precludes a person who does not possess evidence of basic medical training from practising the profession of medical practitioner and a person who does not possess evidence of basic dentistry training from practising the profession of dental practitioner.

   (see paras 38-41, 44, 45, operative part 1)

2.  Directive 2005/36 on the recognition of professional qualifications must be interpreted as not precluding medical subjects from forming part of a specialised training course in dentistry.

   (see para. 50, operative part 2)