Official Journal of the European Union

(Case C-36/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Directive 93/16/EEC - Specific training required to practise as a general practitioner - Incorrect transposition)

(2008/C 301/23)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and H. Støvlbæk, acting as Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ 1993 L 165, p. 1) — Specific training required to practise as a general practitioner

Operative part of the judgment

The Court:

1.Declares that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/2003 which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive;

2.Dismisses the action as to the remainder;

3.Orders the Hellenic Republic to pay the costs.

* * *

(<span class="super">1</span>) OJ C 92, 12.4.2008.