(Case T-258/18)

Language of the case: German

Parties

Applicant: Lothar Brunke (Berlin, Germany) (represented by: A. Schniebel, lawyer)

Defendant: European Commission

Forms of order sought

The applicant claims that the Court should:

—establish the discriminatory effect of Directive 2005/36/EC as regards the possibilities of practising as a doctor without a specialist medical qualification;

—in the alternative, oblige the defendant, by a decision in favour of the applicant, having regard to the interpretation of the law given by the General Court, to allow him, within a reasonable period, to be admitted to the specialist medical profession as a specialist doctor for natural therapy in recognition of his many years of medical experience in private practice in that area and his parallel occupational training;

—in the alternative, declare that the Commission has failed to fulfil its obligations under the FEU Treaty by not adopting a decision on the basis of the applicant’s complaints of 6 June 2017 and of 27 December 2017.

Pleas in law and main arguments

In support of the action, the applicant claims that Directive 2005/36/EC of the European Parliament and of the Council (1) prevents him from pursuing a medical profession in Europe, since, for the applicant, the absence of an exemption for non-specialist doctors has the result that the applicant is de facto prohibited from carrying on his profession. In that regard, the applicant alleges that the Commission has failed to examine the existence of that discrimination.

* Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).