E2000P0006

Request for an Advisory Opinion from the EFTA Court by Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein (/Administrative Court for the Principality of Liechtenstein) by decision of that court of 15 June 2000 in the case of Dr Jürgen Tschannett

(Case E-6/00)

(2001/C 49/13)

A request has been made to the EFTA Court by decision of 15 June 2000 of Verwaltungsbeschwerdeinstanz des Fürstenstums Liechtenstein (/Administrative Court for the Principality of Liechtenstein), which was received at the Court Registry on 21 June 2000, for an Advisory Opinion in the case of Dr Jürgen Tschannett, on the following questions:

1. Is the single practice rule applying without exception to all doctors under Liechtenstein national law, and in particular Article 9(1) of the Regulation of 8 November 1988 on the medical professions which provides: "A doctor may pursue his profession in a self-employed capacity, as a sole practitioner or jointly with others, only if he holds a licence authorising him to do so and only if he himself works on his own behalf in the practice concerned. A doctor may not operate more than one practice, whether as a sole practitioner or jointly with others" compatible with the EEA and/or with the Agreement on the European Economic Area (EEA Agreement) of 2 May 1992?

2. If the answer to the first question is that the Liechtenstein single practice rule, as laid down in Article 9(1) of the Regulation of 8 November 1988 on the medical professions, is basically compatible with the EEA, does that none the less mean that, in an individual case, regard must be had to the specialist medical activities carried on by an "occupational physician", so that the necessary exceptions should be made for such specific activities, which do not require a "medical practice" within the generally accepted meaning of the term?