30.1.2010

Official Journal of the European Union

C 24/22

(Case C-426/09)

2010/C 24/39

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Ioannis Georgiou Askoxilakis

Defendant: Ipourgos Ethnikis Pedias kai Thriskevmaton

Question referred

Does the term ‘professional experience’ in Article 4(1)(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), as amended by Article 1(3) of Directive 2001/19/EC (OJ 2001 L 206, p. 1), and prior to its repeal pursuant to Article 62 of Directive 2005/36/EC (OJ 2005 L 255, p. 22), correspond to the term ‘professional experience’ defined in Article 1(e) of that Directive and can it be understood to include experience which exhibits the following cumulative characteristics:

(a) it was acquired by the person concerned after obtaining a diploma granting access to a specific regulated profession in the Member State of origin;

(b) it was acquired in the context of the exercise of the profession which is the subject of an application filed in reliance in reliance on Directive 89/48/EEC (see the terms ‘the profession concerned’, ‘la profession concernée’, ‘der betreffende Beruf’ used in the English, French and German versions of the Directive respectively) and

(c) it was acquired during the lawful pursuit of the professional activity, that is to say, under the terms and conditions of the relevant legislation of the Member State in which it was acquired, thereby excluding experience acquired in the profession concerned in the host Member State before the application was accepted, because the profession concerned cannot be lawfully pursued in the host Member State before the application is accepted (subject of course to Article 5 of the Directive, which allows the applicant, subject to conditions, in order to undergo professional education and training not undergone in the Member State of origin, to pursue the profession in the host Member State with the assistance of a qualified member of the profession)?