The question was asked as to whether Germany had given effect in domestic law to a directive which required the mutual recognition of nursing diplomas. German law conferred no right of recognition upon holders of diplomas from other member states but allowed their holders, if thought suitably qualified, to be given authority to practice on a case by case basis. But the German Government said that they had adopted an administrative policy which would result in recognition being accorded to all nurses from other member states. There was, however, nothing to stop them from changing the policy. The European Court said that this did not amount to an adequate implementation of the directive. Sir Gordon Slynn, Advocate General said that the German administrative policy, which was not to be found in any public document, lacked transparency: ‘There are two reasons for this requirement: (1) to enable the Community citizen to know his rights and have at his disposal a text on which he can rely simply and cheaply; (2) to ensure sufficient transparency to enable the Commission to check effectively whether a directive has been implemented.’
Citations:
C-29/84, [1985] EUECJ C-29/84, [1985] ECR 1661
Links:
Cited by:
Cited – Consorzio Del Prosciutio Di Parma v Asda Stores Ltd and Another CA 4-Dec-1998
A rule regarding the designation of origin of goods, disallowing the use of an origin name, must be readily ascertainable in the detail of the regulation, in order to be directly applicable. Designations for Parma Ham, were not readily discoverable, . .
Cited – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 22 May 2022; Ref: scu.133812
