(Joined Cases C‑180/08 and C-186/08)

First subparagraph of Article 104(3) of the Rules of Procedure – Directive 89/48/EEC – Recognition of diplomas – Studies completed in an ‘independent study centre’ not recognised as an educational establishment by the host Member State Psychologist

Freedom of movement for persons – Freedom of establishment – Workers – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 89/48 – Psychologist (Council Directive 89/48, Art. 3) (see paras 50-53, operative part)

Re:

Reference for a preliminary ruling – Diikitiko Efetio Thessalonikis – Interpretation of Articles 1, 2, 3 and 4 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) – Interpretation of Article 39(1) EC, the first paragraph of Article 10 EC and Articles 43, 47(1), 49, 55, 149 and 150 EC – National of a Member State who has pursued a regulated profession in the host Member State before and after recognition of professional equivalence resulting from academic qualifications obtained in another Member State – Prior completion of part of university studies, under a franchising agreement, in an institution not recognised as an educational establishment by the host Member State – Possibility, by reason of a refusal to recognise such qualifications, of excluding a worker from professional activity.

Operative part

The competent authorities of a host Member State are required, under Article 3 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, to permit a national of a Member State who holds a diploma within the meaning of that directive issued by a competent authority of another Member State to pursue his profession on the same conditions as apply to holders of national diplomas even though that diploma

– attests to education and training received, in whole or in part, at an establishment located in the host Member State which, according to the legislation of that State, is not recognised as an educational establishment, and

– has not been homologated by the competent national authorities.