Official Journal of the European Union

(Case C-456/05) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Article 43 EC - Psychotherapists admitted to practise - System of quotas - Derogating transitional rules - Proportionality - Admissibility)

(2008/C 22/07)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and S. Grünheid, Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and U. Forsthoff, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 43 EC — Transitional rules concerning the authorisation of psychotherapists which require previous activities carried out under the national sickness insurance scheme in order for authorisation to be obtained

Operative part of the judgment

1.Declares that, by applying the transitional provisions or ‘established rights’, which permit psychotherapists to obtain authorisation or admission to practise independently of the applicable rules of the statutory sickness insurance scheme, solely to psychotherapists who have practised in a region of Germany under the German statutory sickness insurance schemes and by failing to take account of comparable or similar professional activity performed by psychotherapists in other Member States, the Federal Republic of Germany has failed to fulfil its obligations under Article 43 EC;

2.Orders the Federal Republic of Germany to pay the costs.

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(<span class="super">1</span>) OJ C 86, 8.4.2006.