C-306/84

COMMISSION v BELGIUM

OPINION OF MR ADVOCATE GENERAL DARMON delivered on 27 November 1985 *

Mr President, after the reasoned opinion of 7 February Members of the Court, 1983, Royal Decree No 83-1108 of 8 June 1983 amending the Royal Decree of 10 November 1967 concerning the exercise of the medical, nursing and paramedical 1. The Commission complains that Belgium professions and the medical commissions did not adopt within the ume prescribed all (Moniteur belge of 1 July 1983), the provisions necessary for compliance with complemented by two ministerial decrees, Council Directive No 75/362 of 16 June Nos 83-1321 and 1322 of 20 July 1983 1975 concerning the mutual recognition of (Moniteur belge of 6 August 1983). diplomas, certificates and other evidence of formal qualifications in medicine, including measures to facilitate the effective exercise In its application, the Commission considers of the right of establishment and freedom to that those legislative provisions still leave provide services (Official Journal, L 167, certain lacunae in the implementation of the p. 1), and Council Directive No 75/363 of two directives at issue since Belgium has not the same date concerning the coordination yet transposed either Articles 8, 10, 11, 13, of provisions laid down by law, regulation 15, 18 and 19 of Directive No 75/362 or or administrative action in respect of acti- Article 5 of Directive No 75/363. vities of doctors (Official Journal, L 167, p. 14).

2. During the proceedings, the Commission was obliged to redefine the purpose of its action. It admitted that neither Article 18 This case raises few difficulties. It is not nor Article 19 of Directive No 75/362 disputed that Belgium, at the expiry of the required any special implementing measures period of 18 months laid down for in Belgium because that State does not implementation in Article 25 (1) of the first regulate use of professional tides nor does it directive and Article 9 (1) of the second, require its nationals to take an oath or make had only partly fulfilled its obligations a solemn declaration before engaging in the under the directives. activities referred to in the directive.

specialized training periods already 4. With regard to Directive No 75/363, the completed by nationals of Member States in defendant Sute has rightly been criticized another Member State where those periods for not complying with the minimum length correspond to those required in the host of four years laid down for specialized Member State for the specialized training in training in tropical medicine (Article 5). It is question; true, however, that Belgium has asked to be removed from the list to be found in Article has not adopted measures ensuring that 7 (2) of Directive No 75/362 and composed nationals of Member States have the right, of the Member Sutes providing training in laid down in Article 10, to make use of the that specialty. The failure to fulfil the obli­ academic title or the abbreviation thereof gations imposed by the directive none the granted by the Member State of origin or less exists. It will only cease to exist when the Member State from which they come, in the Council has amended the directive in the languages of that State; that regard. 5. In regard to each of those provisions, the did not, as it is required to do by Article 11, defendant Sute has undertaken to amend accept as sufficient evidence a certficate of the rules in force. It is none the less true good character or good repute required of that those rules, in their present state, are persons taking up for the first time any incomplete. As I have already indicated, the activity referred to in the directive issued by fact remains that Belgium has not complied a competent authority in the Member State with the time-limits expressly laid down in of origin or in the Member State from Directives Nos 75/362 and 75/363 for the which the person comes; implemenution of the obligations which has not designated, as required by the they lay down. Let me join with the second paragraph of Article 13, the Commission in mentioning that the Court, authority competent in Belgium to issue the in its judgments of 12 October 1982 in certificate of physical or mental health Cases 136, 148, 149 and 151/81, decided which may be required in another Member that State of persons wishing to take up the acti­ 'the governments of the Member Sutes vities referred to in the directive; participate in the preparatory work for directives and must therefore be in a has not fixed the period (which, according position to prepare, within the period to Article 15, may not be longer than three prescribed, the draft legislative provisions months) within which the procedure for necessary for their implementation'. authorizing persons to take up one of the activities referred to in the directive must be For that reason, the Commission's completed. application must be granted.