Criminal proceedings against Vincent Auer. [1979] EUECJ R-136/78 (7 February 1979)

Criminal proceedings against Vincent Auer. [1979] EUECJ R-136/78 (7 February 1979)

Article 52 of the EEC Treaty does not entitle nationals of a Member State, prior to the implementation of Council Directives 78/1026 and 78/1027, to practise as veterinary surgeons in that Member State under conditions other than those laid down by national legislation.

Citation
[1979] EUECJ R-136/78
Parties
Prosecutor: Ministère Public; Accused: Vincent Auer; Civil Party: L'Ordre National des Vétérinaires de France; Civil Party: Le Syndicat National des Vétérinaires
Jurisdiction
European Union
Judgment Date
07 February 1979
Procedural Posture
Reference for a Preliminary Ruling (article 177 EEC Treaty) / Preliminary Ruling
Outcome
Preliminary ruling issued; Article 52 does not override national requirements prior to implementation of Directives 78/1026 and 78/1027.
Legal Topics
Freedom of Establishment, Recognition of Qualifications, Veterinary Surgeons, Discrimination on Nationality Grounds
European Union Law Criminal Law Professional Regulation Freedom of Establishment Recognition of Qualifications Veterinary Surgeons Discrimination on Nationality Grounds

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Parties

Ministère Public

Prosecutor

Vincent Auer

Accused

L'Ordre National des Vétérinaires de France

Civil Party

Le Syndicat National des Vétérinaires

Civil Party

Procedural Posture

Reference for a Preliminary Ruling (article 177 EEC Treaty) / Preliminary Ruling

Legal Issues

  1. 1 Whether Article 52 EEC Treaty allows a national of a Member State to rely on freedom of establishment to practise as a veterinary surgeon in that state under conditions other than those laid down by national law, prior to implementation of Directives 78/1026 and 78/1027.
  2. 2 Whether the acquisition of nationality of the host Member State after obtaining qualifications in another Member State affects the right to rely on Article 52.

Ratio Decidendi

Article 52 of the EEC Treaty does not entitle nationals of a Member State, prior to the implementation of Council Directives 78/1026 and 78/1027, to practise as veterinary surgeons in that Member State under conditions other than those laid down by national legislation.

Court Disposition

Preliminary ruling issued; Article 52 does not override national requirements prior to implementation of Directives 78/1026 and 78/1027.

Orders

  • Article 52 of the Treaty must be interpreted as meaning that for the period prior to the date on which the Member States are required to have taken the measures necessary to comply with Council Directives Nos 78/1026 and 78/1027 of 18 December 1978, the nationals of a Member State cannot rely on that provision with...