C-58/90

Mr President, Treaty on freedom of movement for Members of the Court, workers, freedom of establishment and freedom to provide services. While there is nothing to prevent a Member State, in the absence of harmonization, from laying down the qualifications needed in order to pursue a particular occupation,2 the 1. By the present application, the existence of a condition of nationality for Commission is asking the Court to declare the recognition of a diploma or a that the Italian Republic has failed to fulfil professional qualification acquired in its obligations under Articles 48, 52 and 59 another Member State is contrary to of the EEC Treaty by restricting to Italian Community rules.3 nationals the possibility of obtaining recog- nition in Italy of diplomas obtained in other States of the Community entitling the holders to pursue certain occupations as health-care auxiliaries. 4. In its defence, the Italian Government points out that the refusal to recognize the diploma of the Belgian national in question was annulled by a judgment of the Regional Administrative Court, Lazio. The Ministry 2. Italian Law No 752 of 6 November of Health did not appeal against that 1984 l lays down the conditions for the decision and is thus required to apply the recognition of qualifications obtained principles set out in the judgment of that abroad entitling the holders to work in court to any applications for recognition auxiliary health-care occupations for which which may be submitted. no degree is required. However, that recog- nition is confined to Italian nationals. A letter of 12 October 1987 from the Iulian Ministry of Health thus refused the benefit of those provisions to a Belgian national who was seeking recognition of his Belgian 5. It is unnecessary to recall that neither a diploma in physiotherapy. mere administrative practice, which does not receive sufficient publicity and which, by its nature, is capable of being altered at the whim of the authorities, nor the obligation of national courts to set aside domestic 3. There is no doubt that the legislation at 2 — Judgment of 15 October 1987 in Case 222/86 Unecter issue is incompatible with the rules of the [1987] ECR 4097, p. 10. 3 — For the conditions governing the recognition of foreign diplomas in the absence of any requirement of nationality, * Original language: Italian. see the judgment of 7 May 1991 in Case C-340/89 Vlasio- 1 — GURI No 311 of 12 November 1984, p. 9427. poulou [1991] ECR 1-2357.

4 — Judgment of 4 April 1974 in Case 167/73 Commission v France [1974] ECR 359, p. 41; see, more recently, the judgment of 14 July 1988 in Case 38/87 Commission v Greece [1988] ECR 4415, p. 9.

I-4198