Lambiris v Specialist Training Authority of the Medical Royal Colleges [2003] EWCA Civ 609 (8 May 2003)

Lambiris v Specialist Training Authority of the Medical Royal Colleges [2003] EWCA Civ 609 (8 May 2003)

The STA was entitled and required to assess Dr Lambiris's qualifications and experience according to UK standards for specialist training, including the requirement that training be in recognised and supervised posts. The Greek certificate was not conclusive for UK purposes, especially as the relevant training occurred in the UK and was not in posts recognised by UK authorities. Article 8 of Directive 93/16/EEC did not entitle Dr Lambiris to automatic recognition or to bypass UK training requirements. The STA's approach was consistent with both domestic and EU law, and there was no irrationality or breach of Community rights. The appeal was dismissed.

Citation
[2003] EWCA Civ 609
Parties
Claimant/appellant: Dr Athanassios Lambiris; Defendant/respondent: The Specialist Training Authority of the Medical Royal Colleges; Interested Party: The General Medical Council; Interested Party: The Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
08 May 2003
Procedural Posture
Appeal From the High Court (queen’s Bench Division, Administrative Court) / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Recognition of Professional Qualifications, Mutual Recognition of Diplomas, Right of Establishment, Specialist Medical Registration, Implementation of EU Directives
Administrative Law European Union Law Medical Law Recognition of Professional Qualifications Mutual Recognition of Diplomas Right of Establishment Specialist Medical Registration Implementation of EU Directives

Case Brief

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Parties

Dr Athanassios Lambiris

Claimant/appellant

The Specialist Training Authority of the Medical Royal Colleges

Defendant/respondent

The General Medical Council

Interested Party

The Secretary of State for Health

Interested Party

Procedural Posture

Appeal From the High Court (queen’s Bench Division, Administrative Court) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the UK authorities were obliged to recognise Dr Lambiris as a medical specialist based on his Greek qualifications and experience in the UK
  2. 2 Whether the Specialist Training Authority (STA) correctly applied domestic and EU law in refusing registration
  3. 3 Whether Article 8 of Directive 93/16/EEC and the European Specialist Medical Qualifications Order 1995 were properly interpreted and applied

Ratio Decidendi

The STA was entitled and required to assess Dr Lambiris's qualifications and experience according to UK standards for specialist training, including the requirement that training be in recognised and supervised posts. The Greek certificate was not conclusive for UK purposes, especially as the relevant training occurred in the UK and was not in posts recognised by UK authorities. Article 8 of Directive 93/16/EEC did not entitle Dr Lambiris to automatic recognition or to bypass UK training requirements. The STA's approach was consistent with both domestic and EU law, and there was no irrationality or breach of Community rights. The appeal was dismissed.

Court Disposition

Appeal dismissed