12.4.2008

Official Journal of the European Union

C 92/16

(Case C-36/08)

(2008/C 92/29)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: G. Zavvos and H.Støvlbæk, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

—Declare that, by adopting and maintaining in force rules such as Article 29(d.1) and (d.2) of Law 3209/03 (Government Gazette 304/Α) which are not in compliance with Articles 30, 31 and 36 of Council Directive 93/16/EEC (1) [of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications], and by not withdrawing diplomas issued although the conditions set out in that directive were not satisfied, the Hellenic Republic has failed to fulfil its obligations under Articles 30, 31 and 36 of that directive.

—Order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In the opinion of the Commission, the doctors who are referred to in Article 29(d.1) and (d.2) of Law 3209/03 have acquired rights within the meaning of Article 36 of Council Directive 93/16/EEC, and accordingly are allowed to practise as doctors under the national social security scheme and to receive a certificate attesting to their acquired rights. However, to grant them the qualification of general practitioner without their undergoing the relevant specific training is contrary to Articles 30 and 31 of the Directive. Accordingly, the Greek authorities must withdraw the diplomas issued although the conditions of the Directive were not satisfied.

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(1) OJ L 165, 7.7.1993, p. 1.