Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (Text with EEA relevance) Basic information Dates Date of document: Date of publication: Date of effect: October 20, 2005 Entry into force - Date pub. + 20 See Art 64 Date of transposition: Modified by Corrected by: Modified by: All documents based on this document: Modifies Repeal: Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications Council Directive 78/687/EEC of 25 July 1978 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of the activities of dental practitioners Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action relating to the taking up and pursuit of the activities of midwives Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of the activities of nurses responsible for general care Council Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, including measures to facilitate the effective exercise of this right of establishment and freedom to provide services Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by Law, Regulation or Administrative Action in respect of certain activities in the field of pharmacy Council Directive 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy 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 Council Directive 78/1026/EEC of 18 December 1978 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in veterinary medicine, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services Council Directive 85/384/EEC of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC Implicit repeal: Affected by case Judgment of the Court (Third Chamber) of 21 September 2017. Malta Dental Technologists Association and John Salomone Reynaud v Superintendent tas-Saħħa Pubblika and Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina. Request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili. Reference for a preliminary ruling — Directive 2005/36/EC — Recognition of professional qualifications — Dental technologists — Conditions governing the practice of the profession in the host Member State — Requirement for the compulsory intermediation of a dental practitioner — Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Public interest objective of ensuring the protection of public health — Proportionality. Case C-125/16. Judgment of the Court (Fourth Chamber) of 16 April 2015. Eintragungsausschuss bei der Bayerischen Architektenkammer v Hans Angerer. Request for a preliminary ruling from the Bundesverwaltungsgericht. Reference for a preliminary ruling — Directive 2005/36/EC — Article 10 — Recognition of professional qualifications — Access to the profession of architect — Titles not listed in Annex V, point 5.7.1 — Concepts of ‘specific and exceptional reasons’ and ‘architect’. Case C-477/13. Judgment of the Court (Fourth Chamber) of 2 March 2023. A. Request for a preliminary ruling from the Korkein hallinto-oikeus. Reference for a preliminary ruling – Freedom of movement for workers – Recognition of professional qualifications in a Member State – Directive 2005/36/EC – Right to exercise the profession of nursery school teacher – Regulated profession – Right of access to the profession on the basis of a diploma issued in the home Member State – Professional qualification obtained in a third country. Case C-270/21. Judgment of the Court (Fourth Chamber), 19 September 2013. Council national de l’ordre des médecins v Ministère des Affaires sociales et de la Santé. Request for a preliminary ruling from the Conseil d’État. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Directive 2005/36/EC — Recognition of professional qualifications — Dental profession — Specific nature and distinction from the medical profession — Common training. Case C‑492/12. Judgment of the Court (Ninth Chamber) of 2 September 2021. TP v Institut des Experts en Automobiles. Request for a preliminary ruling from the Cour d'appel de Mons. Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Recognition of professional qualifications – Directive 2005/36/EC – Article 5(2) – Automotive expert established in one Member State who moves to the territory of the host Member State in order to pursue, on a temporary and occasional basis, his profession – Refusal of the professional body of the host Member State, in which he was previously established, to enter him in the register of temporary and occasional service providers – Concept of ‘temporary and occasional provision of services’. Case C-502/20. Judgment of the Court (Sixth Chamber) of 3 March 2022. Proceedings brought by A. Request for a preliminary ruling from the Korkein hallinto-oikeus. Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years – Supervision of a licensed doctor and concomitant completion of three years of special training in general medical practice – Articles 45 and 49 TFEU. Case C-634/20. Judgment of the Court (Second Chamber) of 6 October 2015. Alain Laurent Brouillard v Jury du concours de recrutement de référendaires près la Cour de cassation and État belge. Request for a preliminary ruling from the Conseil d'État (Belgium). Reference for a preliminary ruling — Freedom of movement of persons — Articles 45 TFEU and 49 TFEU — Workers — Employment in the public service — Directive 2005/36/EC — Recognition of professional qualifications — Definition of ‘regulated profession’ — Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium). Case C-298/14. Joined Cases C-372/09 and C-373/09: Judgment of the Court (Fourth Chamber) of 17 March 2011 (reference for a preliminary ruling from the Cour de cassation — France) — proceedings brought by Josep Peñarroja Fa (Article 43 EC — Freedom of establishment — Article 49 EC — Freedom to provide services — Restrictions — Court experts who are professional translators — Exercise of official authority — National legislation reserving appointment as a court expert for persons enrolled in registers established by the national judicial authorities — Justification — Proportionality — Directive 2005/36/EC — Concept of ‘regulated profession’ ) {AR|http://publications.europa.eu/resource/authority/fd_370/AR} 3 P1PTA Judgment of the Court (Eighth Chamber) of 17 December 2009. Angelo Rubino v Ministero dell'Università e della Ricerca. Reference for a preliminary ruling: Tribunale amministrativo regionale del Lazio - Italy. Directive 2005/36/EC - Recognition of diplomas - ‘Regulated profession’ - Selection of a predefined number of persons on the basis of a comparative assessment conferring a qualification limited in time - National academic qualification for appointment - University lecturer. Case C-586/08. Judgment of the Court (Fourth Chamber), 12 September 2013. Kostas Konstantinides. Request for a preliminary ruling from the Berufsgericht für Heilberufe bei dem Verwaltungsgericht Gießen. Freedom to provide medical services — Service provider travelling to another Member State to provide the service — Applicability of the rules of professional conduct of the host Member State, in particular those relating to fees and advertising. Case C‑475/11. Judgment of the Court (First Chamber) of 25 February 2021. Les Chirurgiens-Dentistes de France and Others v Ministre des Solidarités et de la Santé and Others. Request for a preliminary ruling from the Conseil d'État (France). Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 4f(6) – National regulation – Allowing for the possibility of partial access to one of the professions covered by the mechanism for the automatic recognition of professional qualifications. Case C-940/19. Judgment of the Court (First Chamber) of 16 June 2022. Proceedings brought by A. Request for a preliminary ruling from the Korkein hallinto-oikeus. Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 2 – Scope – Article 13(2) – Regulated professions – Conditions for pursuing the profession of psychotherapist in a Member State on the basis of a diploma in psychotherapy issued by a university established in another Member State – Articles 45 and 49 TFEU – Freedom of movement and freedom of establishment – Assessment of the equivalence of the relevant training – Article 4(3) TEU – Principle of sincere cooperation between Member States – Conditions on the basis of which the host Member State may challenge the level of knowledge and qualifications attested to by a diploma issued in another Member State. Case C-577/20. Case C-586/08: Judgment of the Court (Eighth Chamber) of 17 December 2009 (reference for a preliminary ruling from the Tribunale amministrativo regionale del Lazio — Italy) — Angelo Rubino v Ministero dell’Università e della Ricerca (Directive 2005/36/EC — Recognition of diplomas — Regulated profession — Selection of a predefined number of persons on the basis of a comparative assessment conferring a qualification limited in time — National academic qualification for appointment — University lecturer) {AR|http://publications.europa.eu/resource/authority/fd_370/AR} 3.1 PTA) Judgment of the Court (Grand Chamber) of 1 June 2010. José Manuel Blanco Pérez and María del Pilar Chao Gómez v Consejería de Salud y Servicios Sanitarios (C-570/07) and Principado de Asturias (C-571/07). References for a preliminary ruling: Tribunal Superior de Justicia de Asturias - Spain. Article 49 TFEU - Directive 2005/36/EC - Freedom of establishment - Public health - Pharmacies - Proximity - Provision of medicinal products to the public - Operating licence - Territorial distribution of pharmacies - Establishment of limits based on population density - Minimum distance between pharmacies - Candidates who have pursued professional activities on part of the national territory - Priority - Discrimination. Joined cases C-570/07 and C-571/07. Judgment of the Court (Third Chamber) of 6 December 2018. Ministero della Salute v Hannes Preindl. Request for a preliminary ruling from the Consiglio di Stato. Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Recognition of the evidence of formal qualifications obtained following periods of partially overlapping training — Host Member State’s powers of investigation. Case C-675/17. Judgment of the Court (Sixth Chamber) of 8 July 2021. BB v Lietuvos Respublikos sveikatos apsaugos ministerija. Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas. Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 1 and Article 10(b) – Professional qualifications obtained in several Member States – Conditions for obtaining – No formal evidence of qualifications – Articles 45 and 49 TFEU – Workers – Freedom of establishment. Case C-166/20. Judgment of the Court (Fourth Chamber) of 17 March 2011. Josep Peñarroja Fa. Reference for a preliminary ruling: Cour de cassation - France. Article 43 EC - Freedom of establishment - Article 49 EC - Freedom to provide services - Restrictions - Court experts who are professional translators - Exercise of official authority - National legislation reserving appointment as a court expert for persons enrolled in registers established by the national judicial authorities - Justification - Proportionality - Directive 2005/36/EC - Concept of ‘regulated profession’. Joined cases C-372/09 and C-373/09. Case C-48/24, Vilniaus tarptautinė mokykla: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 January 2024 – VšĮ Vilniaus tarptautinė mokykla v Valstybinė kalbos inspekcija Case C-675/17: Request for a preliminary ruling from the Consiglio di Stato lodged on 30 November 2017 — Ministero della Salute v Hannes Preindl article 21 article 24 article 22 point (a) article 22 Case C-166/20: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 22 April 2020 — BB v Lietuvos Respublikos sveikatos apsaugos ministerija annex V point 5.6.2 article 1 article 10 point (b) article 44 title III chapter I Case C-270/21: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 27 April 2021 — A article 3 paragraph 3 article 13 paragraph 1 article 3 paragraph 1 point (a) Case C-242/23, Tecno*37: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 18 April 2023 — Tecno*37 v Ministero dello Sviluppo Economico, Camera di Commercio Industria Artigianato e Agricoltura di Bologna Case C-340/24, Artollisi: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 9 May 2024 – EW v Ministero dell’Istruzione e del Merito, Ministero dell’Università e della Ricerca title (subdivision) III chapter I article 13 Case C-940/19: Request for a preliminary ruling from the Conseil d’État (France) lodged on 30 December 2019 — Les Chirurgiens-Dentistes de France, Confédération des Syndicats médicaux français, Fédération des Syndicats pharmaceutiques de France, Syndicat des Biologistes, Syndicat des Médecins libéraux, Union dentaire, Conseil national de l’Ordre des Chirurgiens-Dentistes, Conseil national de l’Ordre des Masseurs-Kinésithérapeutes, Conseil national de l’Ordre des Infirmiers v Ministre des Solidarités et de la Santé, Ministre de l’Enseignement supérieur, de la Recherche et de l’Innovation, Premier ministre article 4f paragraph 6 title (subdivision) III chapter III Case C-634/20: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 25 November 2020 — A v Sosiaali- ja terveysalan lupa- ja valvontavirasto Case C-8/23, Conseil national de l’ordre des médecins: Request for a preliminary ruling from the Conseil d’État (France) lodged on 12 January 2023 — FH v Conseil national de l’ordre des médecins article 21 article 25 paragraph 4 annex V point 5.1.1 annex V point 5.1.2 Case C-577/20: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 4 November 2020 — A Case C-125/16: Request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili (Malta) lodged on 29 February 2016 — Malta Dental Technologists Association and Others v Superintendent tas-Saħħa Pubblika, Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina Case C-115/24, Österreichische Zahnärztekammer: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 13 February 2024 – UJ v Österreichische Zahnärztekammer Case C-502/20: Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 5 October 2020 — TP v Institut des Experts en Automobiles article 6 article 9 article 8 Judgment of the Court (Sixth Chamber) of 18 July 2007. Republic of Poland v European Parliament and Council of the European Union. Directive 2005/36/EC - Recognition of professional qualifications - Nurses responsible for general care - Midwives - Specific provisions applicable to Polish qualifications - Validity - Duty to give reasons - Introduced by Act of Accession. Case C-460/05. Legal basis Treaty establishing the European Community (Nice consolidated version) Part Three: Community policies Title III: Free movement of persons, services and capital Chapter 1: Workers Article 40 Article 49 - EC Treaty (Maastricht consolidated version) Article 49 - EEC Treaty Treaty establishing the European Community (Nice consolidated version) Part Three: Community policies Title III: Free movement of persons, services and capital Chapter 2: Right of establishment Article 47 Article 57 - EC Treaty (Maastricht consolidated version) Article 57 - EEC Treaty Treaty establishing the European Community (Nice consolidated version) Part Three: Community policies Title III: Free movement of persons, services and capital Chapter 3: Services Article 55 Article 66 - EC Treaty (Maastricht consolidated version) Article 66 - EEC Treaty Treaty establishing the European Community (Nice consolidated version) Part Five: Institutions of the Community Title I: Provisions governing the institutions Chapter 2: Provisions common to several institutions Article 251 Article 189b - EC Treaty (Maastricht consolidated version) EuroVoc Vocabulary Administrative cooperation Town-planning profession Free movement of workers Medical and paramedical activities Freedom to provide services Midwife Pharmacist Freedom of movement for workers Dentist Veterinarian Doctor Right of establishment Approximation of laws EU Member State Recognition of diplomas Principles and conditions Freedom of establishment Nursing staff Recognition of vocational training qualifications