30.1.2010

Official Journal of the European Union

C 24/20

(Case C-422/09)

2010/C 24/35

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Vasiliki Stylianou Vandorou

Defendant: Ipourgos Ethnikis Pedias kai Thriskevmaton

Question referred

For the purposes of Article 4(1)(b) of Directive 89/48/EEC 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 (OJ 1989 L 19, p. 16), as amended by Article 1(3) of Directive 2001/19/EC (OJ 2001 L 206, p. 1), and prior to its repeal pursuant to Article 62 of Directive 2005/36/EC (OJ 2005 L 255, p. 22), does the ‘professional experience’ to be taken into account by the competent national authority, in order to determine whether the knowledge acquired by the person concerned by reason of such experience is such that it fully or partly covers the substantial differences between the matters covered by the education and training received by the person concerned in the Member State of origin and those covered by the diploma required in the host Member State, include experience which exhibits the following cumulative characteristics:

(a)

it was acquired by the person concerned after obtaining a diploma granting access to a specific regulated profession in the Member State of origin,

(b)

it was acquired in the context of professional activities in the host Member State which, although not identical to the regulated profession the right to pursue which in the host Member State is the subject of the application filed by the person concerned in reliance on Directive 89/48/EEC (and which cannot, moreover, be lawfully pursued in the host Member State until such time as the said application has been accepted) are, in the essential view of the national authority responsible for ruling on the application, professional activities which appear to correlate with the above regulated profession, and

(c)

it is found, during the material appraisal by the aforementioned national authority, owing to the above correlation, to be such that it covers at least some of the substantial differences between the matters covered by the education and training received by the person concerned in the Member State of origin and the matters covered by the corresponding diploma in the host Member State?