Official Journal of the European Union

C 171/28

(Case C-200/08)

(2008/C 171/43)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: A. Bordes and H. Støvlbæk, agents)

Defendant: French Republic

Form of order sought

—Declare that by refusing to permit German and British snowboard instructors to teach that sport alone in France and by not referring in the amended decree of 4 May 1995 to snowboard instructor qualifications acquired in other Member States, the French Republic has failed to fulfil its obligations under Articles 39, 43 and 49 EC and under Article 6 of Directive 92/51/EEC (1);

—order the French Republic to pay the costs.

Pleas in law and main arguments

While in several Member States ski-ing and snowboarding can be taught by members of professions who have separate instructor qualifications, snowboarding can be taught in France only by ski instructors.

The applicant considers that the refusal to permit access to the profession of snowboard instructor alone cannot be justified having regard to the fundamental principles of free movement of persons, freedom to provide services and the right of establishment. The Commission considers, in addition, that the four cumulative derogating conditions established by the Court's case-law to justify any restriction on those principles — that measures must be applied in a non-discriminatory manner; they must be justified by overriding reasons based on the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must respect the principle of proportionality — are not satisfied.

(1) 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 L 209, p. 25).