Language of document :

Judgment of the Court (First Chamber) of 27 June 2013 (request for a preliminary ruling from the Simvoulio tis Epikratias – Greece) – Eleftherios-Themistoklis Nasiopoulos v Ipourgos Igias kai Pronoias

(Case C-575/11) 1

(Recognition of diplomas and other evidence of formal qualifications – Directive 2005/36/EC – Profession of physiotherapist – Partial and limited recognition of professional qualifications – Article 49 TFEU)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicant: Eleftherios-Themistoklis Nasiopoulos

Defendant: Ipourgos Igias kai Pronoias

Re:

Request for a preliminary ruling – Simvoulio tis Epikratias – Interpretation of Article 49 TFEU, 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’ duration (OJ 1989 L 19, p. 16) and of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – Refusal to grant authorisation giving access to the regulated profession of physiotherapist in a host Member State to one of that State’s nationals who does not have a diploma to that effect, within the meaning of Article 1(a) of Directive 92/51/EEC, but does have qualifications for engaging in a similar profession that is recognised in another Member State – Possibility of partial access, limited to certain activities covered by the profession

Operative part of the judgment

Article 49 TFEU must be interpreted as precluding national legislation which excludes partial access to the profession of physiotherapist, regulated in the host Member State, by a national of that State who obtained, in another Member State, a qualification such as that of medical masseur-hydrotherapist, authorising him to carry out, in that second Member State, part of the activities coming under the profession of physiotherapist, when the differences between the fields of activity are so great that in reality the applicant should follow a full programme of education and training in order to pursue the profession of physiotherapist. It is for the national court to determine whether that is the case.

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1 OJ C 25, 28.1.2012.