Vincent Rodolphe Auer v Ministere public. [1983] EUECJ R-271/82 (22 September 1983)

Vincent Rodolphe Auer v Ministere public. [1983] EUECJ R-271/82 (22 September 1983)

A Member State must recognize the right of a national of another Member State to practice as a veterinary surgeon if he holds a diploma listed in Directive 78/1026 and a certificate of conformity under Directive 78/1027, even if the directive was not implemented nationally by the deadline. Refusal of registration and prosecution for unregistered practice, where registration was denied in contravention of EU law, is incompatible with Community law.

Citation
[1983] EUECJ R-271/82
Parties
Accused: Vincent Rodolphe Auer; Prosecutor: Ministère public; Civil Party: Ordre National des Vétérinaires de France; Civil Party: Syndicat National des Vétérinaires Praticiens de France
Jurisdiction
European Union
Judgment Date
22 September 1983
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Cour D'appel De Colmar
Outcome
Reference answered; national of a Member State with recognized qualifications entitled to practice; refusal of registration in contravention of EU law cannot justify prosecution.
Legal Topics
Mutual Recognition of Diplomas, Direct Effect of Directives, Veterinary Profession, Freedom of Establishment, Non Discrimination
European Union Law Professional Regulation Freedom of Establishment Mutual Recognition of Diplomas Direct Effect of Directives Veterinary Profession Non Discrimination

Case Brief

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Parties

Vincent Rodolphe Auer

Accused

Ministère public

Prosecutor

Ordre National des Vétérinaires de France

Civil Party

Syndicat National des Vétérinaires Praticiens de France

Civil Party

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Cour D'appel De Colmar

Legal Issues

  1. 1 Whether a Member State may refuse registration to a veterinary surgeon holding a recognized diploma from another Member State after expiry of the implementation period for relevant directives
  2. 2 Whether refusal of registration and prosecution for unregistered practice contravenes EU law on freedom of establishment and mutual recognition

Ratio Decidendi

A Member State must recognize the right of a national of another Member State to practice as a veterinary surgeon if he holds a diploma listed in Directive 78/1026 and a certificate of conformity under Directive 78/1027, even if the directive was not implemented nationally by the deadline. Refusal of registration and prosecution for unregistered practice, where registration was denied in contravention of EU law, is incompatible with Community law.

Court Disposition

Reference answered; national of a Member State with recognized qualifications entitled to practice; refusal of registration in contravention of EU law cannot justify prosecution.

Orders

  • A national of a Member State with a recognized diploma and certificate is entitled to practice as a veterinary surgeon in another Member State from 20 December 1980.
  • Lack of registration with the national society, when refused in contravention of Community law, cannot prevent practice or justify prosecution.