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Opinion of Mr Advocate General Ruiz-Jarabo Colomer delivered on 22 February 2001. # Commission of the European Communities v French Republic. # Failure by a Member State to fulfil its obligations - Failure to transpose Directive 89/48/EEC within the prescribed period - Recognition of diplomas giving access to the profession of psychologist. # Case C-285/00.
ECLI:EU:C:2001:122
62000CC0285
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Important legal notice
62000C0285
European Court reports 2001 Page I-03801
Opinion of the Advocate-General
3. By letter of 17 September 1997, the Commission informed the French Government that the directive had not been implemented so far as the profession of psychologist was concerned and asked it to submit observations within a period of two months.
6. On 6 January 1999, the French authorities sent the Commission draft legislation regarding authorisation of the use of professional diplomas of psychology. In response to observations made by Commission staff, they submitted a further draft bill on 21 September 1999.
7. On 9 November 1999, the Commission asked the French authorities for information both about the projected timetable for adoption of the draft legislation and about the implementing regulations.
10. It follows from the foregoing that the French Republic has, as alleged, failed to fulfil its obligations. As regards its contention that administrative practice is consistent with the directive, it must be borne in mind that the Court of Justice has consistently held that mere administrative practices, which by their nature are alterable at will by the authorities and are not given appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations under the Treaty. The incompatibility of national legislation with the provisions of the Treaty may be conclusively remedied only by national provisions of a binding nature having the same legal force as those which must be amended.
11. The application must, therefore, be allowed and, pursuant to Article 69(2) of the Rules of Procedure, the defendant Member State must be ordered to pay the costs.
Conclusion
12. I propose that the Court of Justice should allow the application and:
(1) Declare that the French Republic has failed to fulfil its obligations under Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, since it has neither enacted nor implemented, within the prescribed period, legislation specifically concerning the recognition of diplomas giving access to the profession of psychologist.
(2) Order the French Republic to pay the costs.