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Case C-365/13: Judgment of the Court (Ninth Chamber) of 30 April 2014 (request for a preliminary ruling from the Conseil d’État — Belgium) — Ordre des architectes v État belge (Reference for a preliminary ruling — Directive 2005/36/EC — Articles 21 and 49 — Recognition of professional qualifications — Access to the profession of architect — Exemption from professional traineeship)
ECLI:EU:UNKNOWN:62013CA0365
62013CA0365
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24.6.2014
Official Journal of the European Union
C 194/9
(Case C-365/13) (<span class="super">1</span>)
((Reference for a preliminary ruling - Directive 2005/36/EC - Articles 21 and 49 - Recognition of professional qualifications - Access to the profession of architect - Exemption from professional traineeship))
2014/C 194/10
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Ordre des architectes
Defendant: État belge
Re:
Request for a preliminary ruling — Conseil d’État (Belgium) — Interpretation of Articles 21, 46 and 49 of 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) — Access to and pursuit of the profession of architect — Enrolment in the Ordre des architectes — National legislation restricting enrolment to holders of evidence of formal qualifications issued in Belgium on completion of a professional traineeship of a 2 year duration — Prohibition on requiring holders of an architect’s diploma obtained in another Member State to have completed such a traineeship or to have equivalent experience
Operative part of the judgment
Articles 21 and 49 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Commission Regulation (EC) No 279/2009 of 6 April 2009, must be interpreted as precluding the host Member State from requiring the holder of a professional qualification obtained in the home Member State and listed in point 5.7.1 of Annex V, or in Annex VI, to that directive to undertake a traineeship, or to prove that he possesses equivalent professional experience, in order to be authorised to practise the profession of architect.
* Language of the case: French.
(1) OJ C 274, 21.9.2013.