Keywords
Summary

Keywords

1 . REFERENCE FOR A PRELIMINARY RULING - JURISDICTION OF THE COURT - NATIONAL COURT OR TRIBUNAL WITHIN THE MEANING OF ARTICLE 177 OF THE EEC TREATY - CONCEPT - APPEALS COMMITTEE SET UP BY A PROFESSIONAL BODY

( EEC TREATY , ART . 177 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - PROVISIONS OF THE TREATY - PERSONS TO WHOM THEY APPLY - SCOPE

( EEC TREATY , ARTS 3 ( C ), 48 , 52 AND 59 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES - DOCTORS - NATIONAL OF A MEMBER STATE HOLDING A DIPLOMA ISSUED IN ANOTHER MEMBER STATE AND REFERRED TO IN ARTICLE 3 OF DIRECTIVE 75/362/EEC - RIGHT OF ESTABLISHMENT AS A GENERAL PRACTITIONER IN THE MEMBER STATE OF WHICH HE IS A NATIONAL - FURTHER TRAINING REQUIREMENTS - NOT PERMISSIBLE

( COUNCIL DIRECTIVE 75/362/EEC , ARTS 2 AND 3 )

Summary

1 . IF , UNDER THE LEGAL SYSTEM OF A MEMBER STATE , THE TASK OF IMPLEMENTING PROVISIONS ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY IS ASSIGNED TO A PROFESSIONAL BODY ACTING UNDER A DEGREE OF GOVERNMENTAL SUPERVISION , AND IF THAT BODY , IN CONJUNCTION WITH THE PUBLIC AUTHORITIES CONCERNED , CREATES APPEAL PROCEDURES WHICH MAY AFFECT THE EXERCISE OF RIGHTS GRANTED BY COMMUNITY LAW , IT IS IMPERATIVE , IN ORDER TO ENSURE THE PROPER FUNCTIONING OF COMMUNITY LAW , THAT THE COURT SHOULD HAVE AN OPPORTUNITY OF RULING ON ISSUES OF INTERPRETATION AND VALIDITY ARISING OUT OF SUCH PROCEEDINGS .

IT FOLLOWS THAT IN THE ABSENCE , IN PRACTICE , OF ANY RIGHT OF APPEAL TO THE ORDINARY COURTS , THE APPEALS COMMITTEE , WHICH OPERATES WITH THE CONSENT OF THE PUBLIC AUTHORITIES AND WITH THEIR COOPERATION , AND WHICH , AFTER AN ADVERSARIAL PROCEDURE , DELIVERS DECISIONS WHICH ARE IN FACT RECOGNIZED AS FINAL , MUST , IN A MATTER INVOLVING THE APPLICATION OF COMMUNITY LAW , BE CONSIDERED AS A COURT OR TRIBUNAL OF A MEMBER STATE WITHIN THE MEANING OF ARTICLE 177 OF THE TREATY .

2 . THE FREE MOVEMENT OF PERSONS , THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES GUARANTEED BY ARTICLES 3 ( C ), 48 , 52 AND 59 OF THE TREATY , FREEDOMS WHICH ARE FUNDAMENTAL TO THE SYSTEM SET UP BY THE COMMUNITY , WOULD NOT BE FULLY REALIZED IF MEMBER STATES WERE ABLE TO DENY THE BENEFIT OF PROVISIONS OF COMMUNITY LAW TO THOSE OF THEIR NATIONALS WHO HAVE AVAILED THEMSELVES OF THE FREEDOM OF MOVEMENT AND THE RIGHT OF ESTABLISHMENT AND WHO HAVE ATTAINED , BY THOSE MEANS , THE PROFESSIONAL QUALIFICATIONS MENTIONED IN A DIRECTIVE ON THE MUTUAL RECOGNITION OF DIPLOMAS IN A MEMBER STATE OTHER THAN THE STATE WHOSE NATIONALITY THEY HOLD .

3 . DIRECTIVE 75/362/EEC IS TO BE INTERPRETED AS MEANING THAT A NATIONAL OF A MEMBER STATE WHO HAS OBTAINED A DIPLOMA LISTED UNDER ARTICLE 3 OF THE DIRECTIVE IN ANOTHER MEMBER STATE AND WHO , BY THAT TOKEN , MAY PRACTISE GENERAL MEDICINE IN THAT OTHER MEMBER STATE IS ENTITLED TO ESTABLISH HIMSELF AS A GENERAL PRACTITIONER IN THE MEMBER STATE OF WHICH HE IS A NATIONAL , EVEN IF THAT MEMBER STATE MAKES ENTRY TO THAT PROFESSION BY HOLDERS OF DIPLOMAS OF MEDICINE OBTAINED WITHIN ITS OWN BORDERS SUBJECT TO ADDITIONAL TRAINING REQUIREMENTS .