Opinion of Advocate General Darmon delivered on 25 March 1992

1 Original language: French.

2 OJ 1985 L 223, p. 15.

3 Confirming, on appeal, an earlier decision of 30 March 1990.

4 See the decision of the Appeals Committee at p. 2.

5 Ibid.

6 [1992] ECR I-177.

7 Ibid., operative part of the judgment.

8 Note the similar wording in subparagraph 2 of Article 4(1).

9 See my Opinion in Egle supra, paragraphs 18 and 21.

10 The reference in the third subparagraph of Article 11(a) to Article 4(1)(b) is solely aimed at determining the requirements which must be fulfilled by the certificates attesting to a period of four years professional experience in the Federal Republic of Germany in cases where the education and training lasts three years.

11 As to the extent of the powers of the host State in a different context, see my Opinion in Case 130/88 Van de Bijl [1989] ECR 3039 (judgment of 27 September 1989) on the extent of the host Member State's control where authorization to undertake a self-employed professional activity is granted pursuant to a certificate attesting to a professional activity granted by the competent authority of the state from which the person concerned comes. The Court ruled that the checking of the validity of this certificate by the host State must be limited to manifest inaccuracies (see paragraphs 22 and 27 of the said judgment).

12 Annex 9 to the order for reference, see paragraph 1 for its scope of application.

13 Ibid.

14 Paragraphs 11 to 16.

15 Observations of the defendant at p. 10.

16 Annex 2 to the order for reference.

17 See Chapter 5.4.2(h) of the detailed provisions of the Studies Regulations at Annex 2 to the order for reference.

18 Annex 10 to the order for reference.

19 Paragraph 7(5) of the general observations of the Studies Regulations, Annex 2 to the order for reference; see also the fifth subparagraph of Chapter 5.2 of the detailed provisions, ibid.

20 Paragraph 14 of the judgment supra.