The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order applied the Directive. The article 43 right of establishment is mediated through a combination of the very broad principle in Article 43 EC and any in specific community legislation. Rights of establishment are not to be used to put a person relying on rights derived from movement between member states in a better position than the citizens of the host state to which he moves. The purpose of Article 8 is to enable the incoming applicant to acquire, and thereafter to practise under, the qualification awarded by the host state. Since the Authority exercised a specialist knowledge its decision would have to be clearly irrational before a court could intervene. That had not been shown here.
Judges:
Lord Justice Aldous Lord Justice Buxton Lord Justice Rix
Citations:
[2003] EWCA Civ 609
Links:
Statutes:
European Specialist Medical Qualifications Order 1995, Directive 93/16/EEC, Article 43 EC
Jurisdiction:
England and Wales
Citing:
Cited – Practice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Cited – Commission v Spain ECJ 16-May-2002
. .
Cited – Conseil national de l’ordre des architectes v Nicolas Dreessen ECJ 22-Jan-2002
Europa Reference for a preliminary ruling: Cour de cassation – Belgium. Reference for a preliminary ruling – Articles 10 EC and 43 EC – National legislation restricting access to the profession of architect to . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Hocsman ECJ 14-Sep-2000
The blanket prohibition in Article 43 will prevent unjustified restrictions such as ‘French doctors cannot practise in the United Kingdom’, but the next step is to harmonise the basis on which the qualification is granted; otherwise it becomes . .
Cited – Vlassopoulou v Ministerium fur Justiz, Bundes- u Europaangelegenheiten Baden-Wurttemberg ECJ 7-May-1991
The authorities of a Member State when considering a request by a national of another Member State for authorisation to exercise a regulated profession, must take into consideration the professional qualification of the person concerned by making a . .
Cited – Van De Bijl v Staatssecretaris Van Economische Zaken ECJ 27-Sep-1989
When looking at certificates of professional competence issued by other member states, the host Member State cannot be obliged to overlook matters which occurred within its own territory and which are of direct relevance to the real and genuine . .
Lists of cited by and citing cases may be incomplete.
Health Professions, European, Administrative
Updated: 26 August 2022; Ref: scu.181958
