Notice for the OJ

 

Reference for a preliminary ruling by the Tribunal Supremo, Sala de lo Contencioso-Administrativo, division: three by order of that Court of 21 July 2003 in the case of Colegio de Ingenieros de Caminos, Canales y Puertos against Administración del Estado, other Party: G.M. Imo

    (Case C-330/03)

Reference has been made to the Court of Justice of the European Communities by order of the Tribunal Supremo, Sala de lo Contencioso-Administrativo, division: three (Supreme Court, Chamber for Contentious-Administrative Proceedings) of 21 July 2003, received at the Court Registry on 29 July 2003, for a preliminary ruling in the case of Colegio de Ingenieros de Caminos, Canales y Puertos against Administración del Estado, other Party: G.M. Imo on the following questions:

1.Can Article 3(a), in conjunction with Article 4(1), of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration¹ be construed in such a way as to permit restricted recognition by a host Member State of the professional qualifications of an applicant who possesses the diploma of Ingegnere civile idraulico [civil engineer specialising in hydraulics] (awarded in Italy) and who wishes to pursue that profession in another Member State whose legislation regulates the profession of Ingeniero de Caminos, Canales y Puertos [civil engineer]? The question is based on the assumption that the latter profession comprises, in the host Member State, activities which do not correspond in all cases to those covered by the applicant's diploma and that the evidence of education and training adduced by the applicant does not cover certain of the core matters which are generally required for the award of the qualification of Ingeniero de Caminos, Canales y Puertos (civil engineer) in the host Member State.

2.Should the reply to the first question be in the affirmative, is it compatible with Articles 39 and 43 EC to restrict the right of applicants who seek to pursue their professions, in a self-employed or employed capacity, in a Member State other than the one in which they were awarded their professional qualification, in such a way that the host Member State is entitled to exclude, under its national legislation, restricted recognition of professional qualifications where such a decision, which in principle implements Article 4 of Directive 89/48/EEC, entails the imposition of certain additional, disproportionate requirements as regards pursuit of the profession?

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¹ - OJ L 19 of 24.01.1989, p. 16.