Order of the Court (Sixth Chamber) of 13 November 2008 (references for a preliminary ruling from the Diikitiko Efetio Thessalonikis, Greece) — Maria Kastrinaki v Panepistimiako Geniko Nosokomeio Thessalonikis AHEPA

(Joined Cases C-180/08 and C-186/08) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 89/48/EEC - Recognition of diplomas - Studies completed in an ‘independent study centre’ not recognised as an educational establishment by the host Member State)

(2009/C 44/41)

Language of the case: Greek

Referring court

Diikitiko Efetio Thessalonikis

Parties

Appellant: Maria Kastrinaki

Respondent: Panepistimiako Geniko Nosokomeio Thessalonikis AHEPA

Re:

Reference for a preliminary ruling — Diikitiko Efetio Thessalonikis — Interpretation of Articles 1, 2, 3 and 4 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) — Interpretation of Article 39(1) EC, the first paragraph of Article 10 EC and Articles 43, 47(1), 49, 55, 149 and 150 EC — National of a Member State who has pursued a regulated profession in the host Member State before and after recognition of professional equivalence resulting from academic qualifications obtained in another Member State — Prior completion of part of university studies, under a franchising agreement, in an institution not recognised as an educational establishment by the host Member State — Possibility, by reason of a refusal to recognise such qualifications, of excluding a worker from professional activity

Operative part of the order

The competent authorities of a host Member State are required, under Article 3 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, to permit a national of a Member State who holds a diploma within the meaning of that directive issued by a competent authority of another Member State to pursue his profession on the same conditions as apply to holders of national diplomas even though that diploma:

(1)  OJ C 171, 5.7.2008.