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Case C-492/12: Reference for a preliminary ruling from the Conseil d’État (France) lodged on 5 November 2012 — Conseil national de l’ordre des médecins v Ministère des affaires sociales et de la santé

ECLI:EU:UNKNOWN:62012CN0492

62012CN0492

November 5, 2012
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26.1.2013

Official Journal of the European Union

C 26/24

(Case C-492/12)

2013/C 26/47

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Conseil national de l’ordre des médecins

Defendant: Ministère des affaires sociales et de la santé

Questions referred

1.Does the specificity requirement for the profession of dental practitioner, laid down by Article 36 of Directive 2005/36/EC, prevent the creation of a postgraduate university training course leading to a qualification which is common to medical students and dental students?

2.Must the provisions of the Directive on specialties related to medicine be construed as meaning that disciplines such as those listed in point 3 of this decision may not be included in a dental training course?

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).

Namely, on the one hand, theoretical training in oral surgery including in particular training in surgery on the periapex and on odontogenic and non-odontogenic cysts of the jaws, pre-prosthetic and implant surgery, the study of benign tumour conditions, salivary conditions and orthodontic-surgical and orthognathic treatment, and on the other, practical training lasting at least three semesters in a specialist dentistry department and three semesters in a specialist maxillofacial department.

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