C-285/00

OPINION OF MR RUIZ-JARABO — CASE C-285/00

OPINION OF ADVOCATE GENERAL RUIZ-JARABO COLOMER delivered on 22 February 2001 1

1. The Commission has applied to the ment that the directive had not been Court of Justice under Article 226 EC for implemented so far as the profession of a declaration that the French Republic has psychologist was concerned and asked it to failed to fulfil its obligations under Direc- submit observations within a period of two tive 89/48/EEC. 2Specifically, it alleges that months. France has neither enacted nor implemen- ted, within the prescribed period, legisla- tion specifically concerning the recognition of diplomas giving access to the profession of psychologist.

4. The French authorities, by letter dated 26 June 1998, acknowledged that transpo- sition had not taken place but added that they had begun the procedure of adapting French law to meet the requirements of the 2. Article 12 of the directive provides that directive. Member States are to adopt the measures necessary to comply with the provisions of the directive and are to inform the Com- mission thereof. The French authorities gave notice of a certain number of regula- tions but did not notify the Commission of any that related to access to the profession 5. The Commission, having found that the of psychologist. French Republic was still not complying with its obligations, sent it a reasoned opinion on 15 October 1998, calling on it to adopt the measures necessary to comply with the directive within a period of two months.

3. By letter of 17 September 1997, the Commission informed the French Govern-

10. It follows from the foregoing that the French Republic has, as alleged, failed to fulfil its obligations. As regards its conten- tion that administrative practice is consis- 7. On 9 November 1999, the Commission tent with the directive, it must be borne in asked the French authorities for informa- mind that the Court of Justice has consis- tion both about the projected timetable for tently held that mere administrative prac- adoption of the draft legislation and about tices, which by their nature are alterable at the implementing regulations. will by the authorities and are not given appropriate publicity, cannot be regarded as constituting the proper fulfilment of obligations under the Treaty. The incom- patibility of national legislation with the provisions of the Treaty may be conclu- sively remedied only by national provisions of a binding nature having the same legal force as those which must be amended. 3 8. Since the French Government failed to respond, the Commission brought the pre- sent action on 20 July 2000.

11. The application must, therefore, be allowed and, pursuant to Article 69(2) of the Rules of Procedure, the defendant Member State must be ordered to pay the costs.

9. In its defence, the French Government admits that the directive has not been implemented as regards the profession of psychologist. However, it maintains that consideration of applications for recogni- tion of diplomas held by Community citizens wishing to exercise that profession in France is, in practice, carried out in accordance with the provisions of Commu- nity legislation. It adds that the procedure 3 — Sec, for example. Case C-358/98 Commission v Italy [2000]

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