5.7.2008

Official Journal of the European Union

C 171/26

(Case C-186/08)

(2008/C 171/39)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Maria Kastrinaki

Defendant: A.KH.E.P.A. University Hospital, Thessaloniki

Question referred

Is it open to the competent authorities, for the purposes of the provisions of Directive 89/48/ΕEC, as transposed into Greek law by Joint Ministerial Decision No Α4/4112/247/1992, interpreted in the light of Article 39(1), the first paragraph of Article 40, Articles 43, 47(1), 49 and 55 of the Treaty establishing the European Community, to prevent a national of a Member State, the holder of a diploma falling within the scope of Directive 89/48/EEC, who is employed by a legal person governed by public law, under a contract of employment of unlimited duration governed by private law, and who has been granted a licence by the competent authorities of the original Member State to use a professional title and by the competent authorities of the host Member State to practice the profession, in accordance with the provisions of Directive 89/48/ΕEC, as transposed into Greek law by Joint Ministerial Decision No Α4/4112/247/1992, from progressing in career and salary by way of a permanent appointment in a fixed post as a civil servant in the university-education level grade and salary scale, on the ground that recognition of the academic equivalence of the university educational qualification from the original Member State is not possible, since part of the studies were completed in the host Member State under a franchising agreement with a private educational organisation which is not recognised in that Member State as an educational establishment?