C_2008171EN.01002502.xml

5.7.2008

Official Journal of the European Union

C 171/25

Reference for a preliminary ruling from the Administrative Court of Appeal, Thessaloniki (Greece) lodged on 28 April 2008 — Maria Kastrinaki v A.KH.E.P.A. University Hospital, Thessaloniki

(Case C-180/08)

(2008/C 171/38)

Language of the case: Greek

Referring court

Administrative Court of Appeal, Thessaloniki

Parties to the main proceedings

Applicant: Maria Kastrinaki

Defendant: A.KH.E.P.A. University Hospital, Thessaloniki

Questions referred

Where nationals of a Member State, relying upon evidence of a qualification that they believe comes within the scope of Directive 89/48/ΕEC, have been recruited by a legal person governed by public law and exercise a regulated profession in the host Member State under a contract of employment of unlimited duration governed by private law, having progressed in terms of their career and salary in keeping with the qualification in question, is it subsequently open to the competent authorities, for the purpose of Articles 1, 2, 3 and 4 of the said directive, interpreted in the light of Articles 149 and 150 of the Treaty establishing the European Community, to prevent such persons from exercising their professional rights because they are unable to recognise the academic equivalence of the qualification relied on for the purpose of classification in the job category and salary grade corresponding to the qualification, purely on the ground that, although it was awarded by an authority in the Member State of origin, it was awarded at the end of a course of which part was completed, under a franchising agreement, at an institution in the host Member State which, although operating freely in the host Member State, is not recognised as an educational establishment in that State under the relevant general provision of its legislation?

Is it open to the competent authorities, for the purposes of the provisions of Directive 89/48/ΕEC, as transposed into Greek law by Joint Ministerial Decision No Α4/4112/247/1992, interpreted in the light of Article 39(1), the first paragraph of Article 40, Articles 43, 47(1), 49 and 55 of the Treaty establishing the European Community, to prevent nationals of a Member State employed by a legal person governed by public law, under a contract of employment of unlimited duration governed by private law, who have been granted a professional licence in accordance with the provisions of Directive 89/48/ΕEC, as transposed into Greek law by Joint Ministerial Decision No Α4/4112/247/1992, from exercising professional rights which derive from the professional licence issued, on the ground that the academic equivalence of their educational qualification has not been recognised?