28.1.2012

Official Journal of the European Union

C 25/36

(Case C-575/11)

(2012/C 25/70)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Εleftherios-Themistoklis Nasiopoulos

Defendant: Ipourgos Igias kai Pronias (Minister for Health and Social Welfare)

Question referred

For the purposes of Article 43 of the Treaty establishing the European Community, is the aim of safeguarding the provision of a high level of health services sufficient, taking account also of the principle of proportionality, to justify a restriction on the freedom of establishment, which arises in the system of provisions that are in force in a certain Member State (the host Member State) and that: (a) allow only persons who have a right to engage, in that Member State, in the regulated profession of physiotherapist to carry out certain professional activities, (b) preclude the possibility of partial access to that profession and (c) therefore mean that a national of the host Member State who has acquired in another Member State (the Member State of origin) a qualification which permits him to engage in a profession regulated in the latter Member State that is connected with the provision of health services (but does not permit him, because the requirements of Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) are not fulfilled, to engage in the profession of physiotherapist in the host Member State) is entirely unable to carry out in the host Member State, by way of partial access to the profession of physiotherapist, just some of the activities coming under the latter profession, that is to say, those which the person concerned has the right to carry out in the Member State of origin?