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Opinion of Mr Advocate General Darmon delivered on 2 July 1991. # Commission of the European Communities v Italian Republic. # Articles 48, 52 and 59 of the EEC Treaty - Recognition restricted to Italian nationals of formal occupational qualifications obtained abroad - Pursuit of occupation of health-care auxiliaries. # Case C-58/90.
ECLI:EU:C:1991:284
61990CC0058
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Important legal notice
61990C0058
European Court reports 1991 Page I-04193
Opinion of the Advocate-General
Mr President, Members of the Court, 1. By the present application, the Commission is asking the Court to declare that the Italian Republic has failed to fulfil its obligations under Articles 48, 52 and 59 of the EEC Treaty by restricting to Italian nationals the possibility of obtaining recognition in Italy of diplomas obtained in other States of the Community entitling the holders to pursue certain occupations as health-care auxiliaries.
3. There is no doubt that the legislation at issue is incompatible with the rules of the Treaty on freedom of movement for workers, freedom of establishment and freedom to provide services. While there is nothing to prevent a Member State, in the absence of harmonization, from laying down the qualifications needed in order to pursue a particular occupation, the existence of a condition of nationality for the recognition of a diploma or a professional qualification acquired in another Member State is contrary to Community rules.
6. I conclude therefore that
- the Court should declare that by restricting to Italian nationals the possibility of obtaining recognition in Italy of formal qualifications obtained in other States of the Community entitling holders to pursue certain occupations as health-care auxiliaries, the Italian Republic has failed to fulfil its obligations under Articles 48, 52 and 59 of the EEC Treaty;
- the Court should order the defendant State to pay the costs.
(*) Original language: Italian.
(1) - GURI No 311 of 12 November 1984, p. 9427.
(2) - Judgment of 15 October 1987 in Case 222/86 Unecter [1987] ECR 4097, p. 10.
(3) - For the conditions governing the recognition of foreign diplomas in the absence of any requirement of nationality, see the judgment of 7 May 1991 in Case C-340/89 Vlassopoulou [1991] ECR I-2357.
(4) - Judgment of 4 April 1974 in Case 167/73 Commission v France [1974] ECR 359, p. 41; see, more recently, the judgment of 14 July 1988 in Case 38/87 Commission v Greece [1988] ECR 4415, p. 9.