C-225/95

KAPASAKALIS A N D OTHERS ν GREEK STATE

OPINION OF ADVOCATE GENERAL LENZ delivered on 9 January 1997 *

A — Introduction worked nor studied nor obtained a diploma or professional qualification in a Member State of the Community other than their State of origin.

1. In the present cases the plaintiffs, all Greek nationals residing in Greece, seek compensation of D R 10 000 000 each from the Greek State for non-material damage. They base their claims inter alia on the Greek State's failure to transpose Directive 89/48/EEC properly. 1 The Diikitiko Proto- dikio (Administrative Court of First 3. As can be seen from the said directive, it Instance), Athens, in which proceedings applies only to nationals of a Member State were brought, has referred to the Court of who wish to pursue a regulated profession in Justice two questions on the content of that another Member State in a self-employed directive and one on the causal link between capacity or as employed persons. 3 It further the infringement of the obligation of trans­ appears from the tenth recital in the pre­ position and the damage which the appli­ amble that the directive is not intended to cants claim to have suffered. 2 amend the rules applicable to any person pursuing a profession in the territory of a Member State. 4

Β — Opinion

2. It follows from the findings of the national court that the plaintiffs have neither 4. Consequently, the proceedings in which the reference for a preliminary ruling has been made do not fall within the scope of Directive 89/48. There is therefore no need * Original language: German. for me to consider the questions further. 1 — Judgment of 25 March 1995 in Case C-365/93 Commission ν Greece [1995] ECR I-499. The Commission has since initi­ ated the procedure preliminary to a further action against the Hellenic Republic for failure to fulfil an obligation under the Treaty, on the ground that Greece has not taken the neces­ sary measures to comply with the Court's judgment. 3 — First paragraph of Article 2 of the directive. 2 — Sec OJ C 229 of 2 September 1995, p. 13. 4 — Tenth recital in the preamble to the directive.