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Document 62008CA0036

    Case C-36/08: Judgment of the Court (Sixth Chamber) of 2 October 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/16/EEC — Specific training required to practise as a general practitioner — Incorrect transposition)

    SL C 301, 22.11.2008, p. 12–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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:

    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;

    2.

    Dismisses the action as to the remainder;

    3.

    Orders the Hellenic Republic to pay the costs.


    (1)  OJ C 92, 12.4.2008.


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