Georgios Aranitis v Land Berlin. (Freedom of movement for persons) [1996] EUECJ C-164/94 (1 February 1996)

Georgios Aranitis v Land Berlin. (Freedom of movement for persons) [1996] EUECJ C-164/94 (1 February 1996)

A profession cannot be described as regulated under Directive 89/48/EEC if there are no laws, regulations, or administrative provisions in the host Member State governing the taking up or pursuit of that profession, even if only persons with a specific higher-education diploma typically pursue it.

Source-derived case information.

Citation
[1996] EUECJ C-164/94
Parties
Applicant: Mr Aranitis; Respondent: Land Berlin
Jurisdiction
European Union
Judgment Date
01 February 1996
Procedural Posture
Preliminary Ruling / Reference From Oberverwaltungsgericht (higher Administrative Court), Berlin
Outcome
Preliminary ruling issued; directive not applicable to unregulated professions as described.
Legal Topics
Recognition of Diplomas, Regulated Professions, Freedom of Movement for Workers, Non Discrimination
European Union Law Administrative Law Recognition of Diplomas Regulated Professions Freedom of Movement for Workers Non Discrimination

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Mr Aranitis

Applicant

Land Berlin

Respondent

Procedural Posture

Preliminary Ruling / Reference From Oberverwaltungsgericht (higher Administrative Court), Berlin

Legal Issues

  1. 1 Whether the profession of geologist in Germany is a 'regulated profession' under Directive 89/48/EEC
  2. 2 Whether the academic title 'Diplom-Geologe' is a professional title within the meaning of Article 7(1) of the directive

Ratio Decidendi

A profession cannot be described as regulated under Directive 89/48/EEC if there are no laws, regulations, or administrative provisions in the host Member State governing the taking up or pursuit of that profession, even if only persons with a specific higher-education diploma typically pursue it.

Court Disposition

Preliminary ruling issued; directive not applicable to unregulated professions as described.

Orders

  • Article 1(c) in conjunction with Article 1(d) of Directive 89/48/EEC must be interpreted as meaning that a profession cannot be described as regulated when there are in the host Member State no laws, regulations or administrative provisions governing the taking up or pursuit of that profession or of one of its modes...