30.1.2010

Official Journal of the European Union

C 24/21

(Case C-424/09)

2010/C 24/37

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Christina Toki

Defendant: Ipourgos Ethnikis Pedias kai Thriskevmaton

Questions referred

1.For the purposes of Article 3(b) of Directive 89/48/EEC 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), prior its repeal pursuant to Article 62 of Directive 2005/36/EC (OJ 2005 L 255, p. 22), does the recognition mechanism provided for therein apply to cases in which, in the Member State of origin, the profession in question is regulated within the meaning of the second subparagraph of Article 1(d) of the directive, but the person concerned is not a full member of an association or organisation which fulfils the conditions of that paragraph?

2.For the purposes of Article 3(b) of Directive 89/48/EEC does pursuit of a profession full-time in the Member State of origin mean pursuit in a self-employed or employed capacity of the actual profession authorisation to pursue which is being sought in the host Member State in reliance on Directive 89/48/EEC, or may it also cover employment on research work in an academic field related to the profession in an establishment that is in principle not for profit?