Opinion of Mr Advocate General Darmon delivered on 17 November 1993

1 Original language: French.

2 OJ 1978 L 233, p. 1.

3 Commission observations, page 6 of the French translation.

4 See Commission observations, page 5 of the French translation.

5 Directive concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of dental practitioners (OJ 1978 L 233, p. 10).

6 See Articles 1 and 2.

7 See the first two recitals.

8 My emphasis.

9 Sec, for example. Article 1 (4) of Council Directive 78/1027/EEC of 18 December 1978 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of the activities of veterinary surgeons (OJ 1978 L 362, p. 7).

10 OJ 1989 L 19, p. 16.

11 Second paragraph of Article 2.

12 Council Recommendation 89/49/EEC concerning nationals of Member States who hold a diploma conferred in a non-member State (OJ 1989 L 19, p. 2-1).

13 OJ 1992 L 209, p. 25.

14 Article 2.

15 Observations of the applicant in the main proceedings, paragraphs 18 and 19.

16 Ibid., paragraph 20.

17 Ibid., paragraph 25.

18 Ibid., paragraphs 21 and 25.

19 Druesne, G. Droit matériel et politiques de la Communauté européenne, 2nd edition, 1991, p. 92.

20 See Article 1 (1) to (3) of the second directive.

21 Article 1 (4) of the second directive reserves the facility which may be granted in accordance with their own rules by Member States in respect of their own territory to authorize holders of diplomas obtained in a non-member State to practise dentistry. That recognition docs not necessarily reflect the requirements and the standard set out in Article 1 of the same directive, even if the creation of the single market logically implies the requirement of a minimum level of training for any practitioner pursuing his activities within the Community, irrespective of the origin of his diploma. The host State is free to provide a special system of rules for dental practitioners holding diplomas obtained in a non-member State.

22 Let me note at this point that in the main proceedings German recognition is on the basis of the Turkish diploma and not of the recognition accorded by the Belgian authorities.

23 Council Directive of 16 June 1975 concerning the coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors (OJ 1975 L 167, p. 14).

24 Written Question No 2076/87 (OJ 1988 C 283, p. 11).

25 Answer to Written Question No 2103/88 (OJ 1989 C 202, p. 19).

26 Huglo, J.-G.: Droit d'établissement et libre prestation des services, Chronique, RTDE 1992, p. 696.

27 Casc C-340/89 Vlassopoulon [1991] ECR I-2357.

28 Paragraph 9.

29 Paragraph 16, my emphasis.

30 Paragraph 22.

31 Case C-104/91 Aguirre Borrell [1992] ECR I-3003.

32 Directive 89/48/EEC of 21 December 1988, as I have pointed out, is not applicable here.

33 See the KVN reply to the questions put by the Court.