01 Avr Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State…
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years – Supervision of a licensed doctor and concomitant completion of three years of special training in general medical practice – Articles 45 and 49 TFEU.
ECJ, 3 March 2022, Case C-634/20, Proceedings brought by A.
https://curia.europa.eu/juris/document/document.jsf?text=&docid=254966&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=1312046
Articles 45 and 49 TFEU must be interpreted as precluding the competent authority of the host Member State from granting, on the basis of national legislation, a person a right to pursue the profession of doctor which is limited to a period of three years and subject to the twofold condition, first, that the person concerned may practise only under the direction and supervision of a licensed doctor and, second, that he or she must successfully complete three years of special training in general medical practice during the same period in order to obtain authorisation to pursue the profession of doctor independently in the host Member State, taking account of the fact that the person concerned, who has obtained an undergraduate degree in medicine in the home Member State, holds the evidence of formal qualifications, with regard to the United Kingdom of Great Britain and Northern Ireland, referred to in point 5.1.1 of Annex V to 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, but not the certificate referred to therein attesting to the completion of a professional traineeship of one year’s duration, which is required as a further condition for obtaining the professional qualification in the home Member State.
