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	Databáze č. 17 : Databáze judikatury

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	Číslo (Kód CELEX): Number (CELEX Code):		61982J0271

	Název: Title:		JUDGMENT OF THE COURT (FIRST CHAMBER) OF 22 SEPTEMBER 1983. VINCENT RODOLPHE AUER V MINISTERE PUBLIC, ORDRE NATIONAL DES VETERINAIRES DE FRANCE AND SYNDICAT NATIONAL DES VETERINAIRES PRATICIENS DE FRANCE. REFERENCE FOR A PRELIMINARY RULING FROM THE COUR D' APPEL, COLMAR. VETERINARY SURGEONS - FREEDOM OF ESTABLISHMENT - DIRECT EFFECT OF DIRECTIVES. CASE 271/82.

	Publikace: Publication:		REPORTS OF CASES 1983 PAGES 2727 - 2746

	Předmět (klíčová slova): Keywords		FREEDOM OF ESTABLISHMENT AND SERVICES;RIGHT OF ESTABLISHMENT;FREE MOVEMENT OF SERVICES;

	Související předpisy: Corresponding acts:		378L1026;378L1027

	Odkaz na souvisejicí judikáty: Corresponding Judgements:


	Plný text: Fulltext:		Ne

Fakta:

Názor soudu a komentář:

Shrnutí (Summary of the Judgment):
1. THE PROVISIONS OF ARTICLES 2 AND 3 OF DIRECTIVE NO 78/1026 WHICH CONCERN IN PARTICULAR THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE, IMPOSE ON EACH MEMBER STATE CLEAR, COMPLETE, PRECISE AND UNCONDITIONAL OBLIGATIONS WHICH EXCLUDE THE POSSIBILITY OF DISCRETIONARY ASSESSMENTS. THUS AN INDIVIDUAL MAY RELY BEFORE THE NATIONAL COURT ON THOSE PROVISIONS WHERE THEY HAVE NOT BEEN IMPLEMENTED OR WHERE THEY HAVE BEEN ONLY PARTIALLY IMPLEMENTED BY THE MEMBER STATE CONCERNED.

2. A NATIONAL OF A MEMBER STATE WHO HAS THE RIGHT TO PRACTISE THE PROFESSION OF VETERINARY SURGEON IN ANOTHER MEMBER STATE WHICH HAS ISSUED TO HIM ONE OF THE DIPLOMAS, CERTIFICATES OR OTHER EVIDENCE OF FORMAL QUALIFICATIONS REFERRED TO IN ARTICLE 3 OF DIRECTIVE NO 78/1026 EVEN BEFORE THAT DIRECTIVE HAS BEEN IMPLEMENTED, IS ENTITLED TO PRACTISE THAT PROFESSION IN THE FIRST-MENTIONED STATE ON THE EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF THE DIRECTIVE, PROVIDED THAT THE COMPETENT AUTHORITIES OF THE STATE IN WHICH HE OBTAINED HIS DIPLOMA HAVE ISSUED TO HIM THE CERTIFICATE PROVIDED FOR IN THE SECOND PARAGRAPH OF ARTICLE 2 OF THE DIRECTIVE. THAT CERTIFICATE DOES NOT HAVE THE EFFECT OF CREATING'' EX NUNC'' THE RIGHT TO PRACTISE THE PROFESSION OF VETERINARY SURGEON ON THE TERRITORY OF MEMBER STATES OTHER THAN THE ISSUING STATE, BUT OF PROVING THAT THE DIPLOMA AWARDED BEFORE THE IMPLEMENTATIN OF DIRECTIVE NO 78/1026 IS IN CONFORMITY WITH ARTICLE 1 OF DIRECTIVE NO 78/1027. IT FOLLOWS THAT A VETERINARY
SURGEON, PROSECUTED FOR HAVING IMPROPERLY PRACTISED VETERINARY MEDICINE AFTER THE EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF DIRECTIVE NO 78/1026 ON THE TERRITORY OF A MEMBER STATE OTHER THAN THE STATE WHICH ISSUED THE DIPLOMA, MAY RELY ON SUCH A CERTIFICATE, EVEN IF IT WAS DRAWN UP AFTER THE EVENTS WHICH LED TO CRIMINAL CHARGES BEING PAID.

3. ALTHOUGH THE LAWS OF MEMBER STATES WHICH PROVIDE FOR THE COMPULSORY REGISTRATION WITH OR AFFILIATION TO A PROFESSIONAL ORGANIZATION OR BODY ARE NOT, AS SUCH, INCOMPATIBLE WITH COMMUNITY LAW, IT IS NOT PERMISSIBLE TO REFUSE TO REGISTER A NATIONAL OF A MEMBER STATE WITH THE PROFESSIONAL SOCIETY OF VETERINARY SURGEONS OF THAT STATE ON GROUNDS WHICH DISREGARD THE VALIDITY OF A PROFESSIONAL QUALIFICATION OBTAINED IN ANOTHER MEMBER STATE, WHEN THAT QUALIFICATION IS ONE OF THOSE WHICH ALL THE MEMBER STATES, AND THEIR PROFESSIONAL SOCIETIES, AS BODIES ENTRUSTED WITH A PUBLIC DUTY, ARE REQUIRED TO RECOGNIZE UNDER COMMUNITY LAW. THEREFORE LEGISLATION WHICH PROVIDES FOR CRIMINAL OR ADMINISTRATIVE PROCEEDINGS AGAINST A VETERINARY SURGEON WHO PRACTISES HIS PROFESSION WITHOUT BEING REGISTERED WITH THE PROFESSIONAL SOCIETY, IN SO FAR AS THAT REGISTRATION HAS BEEN REFUSED IN CONTRAVENTION OF COMMUNITY LAW, IS NOT COMPATIBLE WITH COMMUNITY LAW INASMUCH AS IT WOULD ULTIMATELY RENDER WHOLLY INEFFECTIVE THE PROVISIONS OF THE
TREATY AND OF DIRECTIVE NO 78/1026.

Plný text judikátu (Entire text of the Judgment):