Criminal proceedings against H.G. Rienks. [1983] EUECJ R-5/83 (15 December 1983)

Criminal proceedings against H.G. Rienks. [1983] EUECJ R-5/83 (15 December 1983)

A Member State may not enforce penal measures against a national of another Member State for practising as a veterinary surgeon without enrolment on the professional register, where such enrolment was refused in breach of Community law, specifically due to non-implementation of directives requiring mutual recognition of qualifications.

Citation
[1983] EUECJ R-5/83
Parties
Defendant: H. G. Rienks; Referring Court: Pretura di Lodi (Italy)
Jurisdiction
European Union
Judgment Date
15 December 1983
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Reference answered; penal measures not permissible in these circumstances.
Legal Topics
Freedom of Establishment, Mutual Recognition of Professional Qualifications, Direct Effect of Directives, Non Discrimination, Veterinary Profession
European Union Law Criminal Law Professional Regulation Freedom of Establishment Mutual Recognition of Professional Qualifications Direct Effect of Directives Non Discrimination Veterinary Profession

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Parties

H. G. Rienks

Defendant

Pretura di Lodi (Italy)

Referring Court

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether a Member State may enforce penal measures against a national of another Member State for practising as a veterinary surgeon without enrolment on the professional register, where such enrolment was refused due to non-implementation of EU directives.
  2. 2 Whether directives 78/1026/EEC and 78/1027/EEC confer directly effective rights on individuals in the absence of national implementation.

Ratio Decidendi

A Member State may not enforce penal measures against a national of another Member State for practising as a veterinary surgeon without enrolment on the professional register, where such enrolment was refused in breach of Community law, specifically due to non-implementation of directives requiring mutual recognition of qualifications.

Court Disposition

Reference answered; penal measures not permissible in these circumstances.

Orders

  • A Member State may not enforce a penal measure in respect of the improper practice of the profession of veterinary surgeon against a national of another Member State, who is entitled to practise as a veterinary surgeon in his own country, on the ground that he is not enrolled on the register of veterinary surgeons...