11.4.2023

EN

Official Journal of the European Union

C 127/18

(Case C-8/23, Conseil national de l’ordre des médecins)

(2023/C 127/21)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: FH

Defendant: Conseil national de l’ordre des médecins

Other parties to the proceedings: Ministère de la Santé et de la Prévention, Ministère de l'Économie, des Finances et de la Souveraineté industrielle et numérique

Question referred

May a doctor who is a national of one of the Member States of the European Union and who holds evidence of a formal qualification as a specialised doctor issued in a Member State as referred to in point 5.1.2 of Annex V to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, (1) rely, in another Member State, on the basis of that qualification alone, on the system for the automatic recognition of formal qualifications set out in Article 21 of that directive, even though he or she holds evidence of a formal qualification in basic medical training issued by a third State which has been recognised only by the Member State in which he or she obtained the diploma as a specialised doctor and which is not among those referred to in point 5.1.1 of Annex V to that directive, and Article 25(4) of the directive makes the issuance of evidence of a formal qualification as a specialised doctor contingent on possession of evidence of one of those formal qualifications in basic medical training?

(1) OJ 2005 L 255, p. 22.

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Language of the case: French

ECLI:EU:C:2023:127

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