21.11.2009

Official Journal of the European Union

C 282/30

(Case C-373/09)

2009/C 282/51

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Josep Penarroja Fa

Defendant: Procureur général près la Cour de cassation

Questions referred

1.Must Article 50 EC be interpreted as applying to the duties entrusted to a professional, acting as an expert, in a dispute brought before the national courts, and appointed by the court seised of the dispute, under the conditions described [in the order for reference]?

2.Must the connection with the exercise of official authority, referred to in the first paragraph of Article 45 EC, be interpreted as applying to the duties of an expert appointed by a French court, as governed by the French Codes of Civil and Criminal Procedure, and by Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004?

3.Must Articles 43 EC and 49 EC be interpreted as precluding legislation, such as that resulting from Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004, as amended, which restricts enrolment on the national register and the title of expert approved by the Cour de cassation to professionals who have been enrolled for at least three years on a register maintained by a French cour d’appel?

4.Must Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 (1) be interpreted as covering the performance of the duties of court expert under the title of court expert approved by the Cour de cassation in accordance with the detailed rules laid down by Law No 71-498 of 29 June 1971 and Decree No 2004-1463 of 23 December 2004, as amended?

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).