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European Court of Justice (ECJ), May 8, 2024
ECJ 8 May 2024, case C-75/22 (Commission v Czech Republic (Qualifications professionnelles)) Other forms of free movement
European Commission – v – Czech Republic, Czech case

Summary

Dispute about the recognition of professional qualifications. The ECJ declares that the Czech Republic has failed its obligations under Directive 2005/36/EC. 

Ruling 

The Court declares that the Czech Republic has failed to fulfil its obligations under 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 Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, by failing to adopt:

–        in accordance with Article 3(1)(g) and (h) of Directive 2005/36, as amended, the provisions necessary to enable the competent authorities of the host Member State to determine the status of persons undergoing an adaptation period or wishing to prepare themselves for an aptitude test;

–        in accordance with Article 7(3) of Directive 2005/36, as amended, the provisions necessary to enable veterinary surgeons and architects to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State;

–        in accordance with Article 51(1) of Directive 2005/36, as amended, the provisions necessary to ensure that the competent authority of the host Member State has one month to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document.

The Court dismisses the action as to the remainder and orders the European Commission and the Czech Republic to bear their own costs.