- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Opinion of Mr Advocate General Ruiz-Jarabo Colomer delivered on 19 March 2002. # Commission of the European Communities v Italian Republic. # Failure by a Member State to fulfil its obligations - Directive 92/51/EEC - System for the recognition of professional education and training - Ski monitor. # Case C-142/01.
ECLI:EU:C:2002:189
62001CC0142
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
Important legal notice
62001C0142
European Court reports 2002 Page I-04541
Opinion of the Advocate-General
3. That requirement does not appear in Directive 92/51, which in Article 3(a) limits itself to requiring possession of a diploma required and awarded in another Member State for the pursuit of that profession. As the Commission pointed out, for the European legislature, if a Community citizen is fully qualified in his country of origin to carry out a professional activity he will also be qualified to carry it out in another Member State.
6. The Italian Government admits that the situation did not change by the end of the period laid down in the reasoned opinion or as a result of anything stated in the defence to the action, except as regards the region of Venice. It states, however, that it is preparing a draft law, Article 15 of which amends Article 12 of Law No 81 and removes the requirement of reciprocity. That is irrelevant for the purposes of this hearing.
7. Nor is it relevant that the Italian authorities have never applied Article 12 of Law No 81, since the incompatibility of national legislation with Community law can be finally remedied only by adopting and bringing into force national provisions of a binding nature which have the same legal force as those which must be amended.
8. From the foregoing, it can be concluded that the Italian Republic has failed to fulfil its obligations as alleged and that the application should be upheld.
Conclusion
10. I propose that the Court of Justice should uphold the application and:
(1) declare that by having maintained in force the first paragraph of Article 12 of Law No 81 of 8 March 1991, the framework law for the profession of ski monitor and complementary provisions relating to the organisation of the profession of mountain guide, the Italian Republic has failed to fulfil its obligations under 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;
(2) order the Italian Republic to pay the costs.