C-250/98

O P I N I O N OF MR RUIZ-JARABO — CASE C-250/98

OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 23 February 1999*

1. By this action the Commission seeks from 3. O n 18 September 1990, the French Min- the Court of Justice a declaration that the istry of Solidarity, Health and Social Protec- French Republic has failed to fulfil its obliga- tion notified to the Commission the measures tions under Community law, in particular which had been adopted in order to transpose Directive 89/594/EEC on the mutual recog- the provisions of the Directive relating to the nition of qualifications as doctors, nurses, professions of doctor, dental practitioner, dental practitioners, veterinary surgeons and nurse and midwife. midwives 1 ('the Directive'). More specifi- cally, the Commission complains that France has failed to transpose into national law the amendments introduced by Articles 18 and 19 of the Directive to the rules concerning the recognition of diplomas, certificates and other evidence of formal qualifications neces- 4. By letter of formal notice of 11 October sary to exercise the profession of veterinary 1993, the Commission called upon the French surgeon. The Commission likewise seeks an Government, under Article 169 of the Treaty, order for costs against the defendant. to submit its observations on the alleged infringement of its obligation to transpose into its national law the provisions of the Directive relating to the profession of veteri- nary surgeon, namely Articles 16 to 20.

transposition of Articles 18 and 19 of the 9. In its observations before the Court of Directive, and sent a reasoned opinion to the Justice, the French Government does not dis­ French Government on 22 January 1996. pute that Articles 18 and 19 have not yet been transposed, but states that a new draft law, identical to the one whose enactment was interrupted, is to be submitted to Parliament in the near future. 7. O n 29 July 1996, the French authorities notified to the Commission a draft law amending French Law N o 82-899 of 20 October 1982 concerning the exercise of the profession of veterinary surgeon. In the Com­ mission's own words, if that draft had been adopted, France would have fully complied with its obligations under the Directive. How­ 10. The only conclusion to be drawn from all ever, the legislative process was interrupted the foregoing is that the French Republic has by the dissolution of the French Parliament, indeed failed to fulfil its obligations as claimed decreed by the President of the Republic on by the Commission. 21 April 1997.

8. O n 8 July 1998, the Commission had received no information regarding the meas­ ures which France was required to adopt 11. The costs of these proceedings must be under Articles 18 and 19 of the Directive, and borne by the defendant pursuant to Article accordingly initiated the present proceedings. 69(2) of the Rules of Procedure.

Conclusion

12. I p r o p o s e t h a t the C o u r t of Justice s h o u l d allow t h e application and:

(1) declare t h a t , b y failing t o a d o p t w i t h i n t h e p r e s c r i b e d p e r i o d t h e measures n e c ­ essary t o t r a n s p o s e i n t o n a t i o n a l law Articles 18 a n d 19 of C o u n c i l Directive 89/594/EEC of 30 O c t o b e r 1989 a m e n d i n g Directives 75/362/EEC, 7 7 / 4 5 2 / E E C , 7 8 / 6 8 6 / E E C , 7 8 / 1 0 2 6 / E E C and 8 0 / 1 5 4 / E E C relating t o t h e m u t u a l recogni­ t i o n of d i p l o m a s , certificates a n d o t h e r evidence of f o r m a l qualifications as