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Case C-151/07: Judgment of the Court (Second Chamber) of 4 December 2008 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Theologos-Grigorios Khatzithanasis v Ipourgos Igeias kai Kinonikis Allilengiis, OEEK (Organismos Epangelmatikis Ekpaidefsis kai Katartisis) (Directive 92/51/EEC — Recognition of diplomas — Studies completed in an independent study centre not recognised as an educational establishment in the host Member State — Optician)
ECLI:EU:UNKNOWN:62007CA0151
62007CA0151
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Official Journal of the European Union
(Case C-151/07) (Directive 92/51/EEC - Recognition of diplomas - Studies completed in an ‘independent study centre’ not recognised as an educational establishment in the host Member State - Optician)
(2009/C 19/03)
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: Theologos-Grigorios Khatzithanasis
Defendants: Ipourgos Igeias kai Kinonikis Allilengiis, OEEK (Organismos Epangelmatikis Ekpaidefsis kai Katartisis)
Re:
Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Articles 149 and 150 EC and of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) — Failure to recognise, in the host Member State, a vocational training qualification conferring a right to pursue the profession of optician in the Member State where that qualification was awarded — Training received, for the greater part, at an establishment which lawfully operates in the host Member State, but which is not recognised, under the legislation of that State, as an educational establishment
Operative part of the judgment
Articles 1(a), 3 and 4 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, must be interpreted as meaning that the competent authorities of a host Member State are required, under Article 3 of that directive, subject to the application of Article 4 of that directive, to recognise a diploma awarded by a competent authority in another Member State even though that diploma attests to education and training received, in whole or in part, at an establishment located in the host Member State which, according to the legislation of that State, is not recognised as an educational establishment.
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(1) OJ C 117, 26.5.2007.