26.2.2011

Official Journal of the European Union

C 63/3

(Case C-118/09) (<span class="super">1</span>)

(‘Court or tribunal’ within the meaning of Article 234 EC - Recognition of diplomas - Directive 89/48/EEC - Lawyer - Entry on the professional roll of a Member State other than that in which the diploma was recognised as equivalent)

2011/C 63/05

Language of the case: German

Referring court

Party to the main proceedings

Re:

Preliminary ruling — Oberste Berufungs- und Disziplinarkommission — Interpretation of 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 (OJ 1989 L 19, p. 16) — Applicability of the directive in the case of an Austrian national who, on the basis of the confirmation of his Austrian degree as equivalent and of additional study at a Spanish university for less than three years, was registered with a chamber of lawyers in Spain and, after exercising his profession in Spain for three weeks, applies to be admitted to the aptitude test in order to qualify as a lawyer in Austria on the basis of the authorisation to exercise his profession in Spain

Operative part of the judgment

With a view to gaining access, subject to passing an aptitude test, to the regulated profession of lawyer in a Member State, the provisions of 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, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 may be relied upon by a person who holds a degree issued in that Member State on completion of a cycle of post-secondary studies lasting more than three years, and who also holds an equivalent degree issued in another Member State after additional training of less than three years and enabling him, in that latter State, to have access to the regulated profession of lawyer, which he was actually practising in the latter State on the date on which he applied for admission to the aptitude test;

Directive 89/48, as amended by Directive 2001/19, must be interpreted as precluding the competent authorities of the host Member State from denying to a person in a situation such as that of the applicant in the main proceedings authorisation to take the aptitude test for the profession of lawyer without proof of completion of the period of practical experience required by the legislation of that Member State.

(<span class="super">1</span>) OJ C 141, 20.6.2009.