(Judgment) Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Activities in the field of pharmacy – Directive 85/432 – Implementation by Member States – Time-limit – Postponement by a Member State of the entry into force of new university curricula depriving some qualified persons of the benefit of the mutual recognition of qualifications – Not permissible
(Council Directive 85/432, Arts 1, 2 and 5)
A Member State which, by adopting out of time provisions to implement Directive 85/432 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of certain activities in the field of pharmacy, postpones the time-limit laid down therein for the entry into force of new training curricula meeting the requirements of the directive, with the result that students will follow a course of study whose failure to comply with those requirements precludes the mutual recognition of their qualifications, whereas the belated implementation of the directive does not automatically entail such effects because an additional training programme could have been organized for those students who had commenced their studies after the expiry of the time-limit for transposition but before actual transposition, fails to fulfil its obligations under that directive and particularly under Articles 1, 2 and 5 thereof.
[1996] EUECJ C-307/94
Bailii
European
Health Professions
Updated: 01 January 2022; Ref: scu.161467