Brussels, 23/09/2013 (Agence Europe) - The creation, in France, of postgraduate training for students of medicine and for those of dentistry, which leads to both types of students receiving a qualification in oral surgery, and consequently enabling dentists to practise oral surgery which until now has been the specific preserve of doctors, is in line with Directive 2005/36/EC on the recognition of professional qualifications.
This is what was decided by the Court of Justice of the EU in a ruling delivered on 19 September (C492/12) responding to questions from the French Conseil d'Etat. The National Council of the Medical Association (CNOM) asked the Conseil d'Etat to cancel - due to abuse of power - the decision which introduced this training, on the grounds that it would be incompatible with the provision of Directive 2005/36/EC which provides for the profession of dental practitioners to constitute “a specific profession which is distinct from other general or specialised medical professions”. The Conseil d'Etat then asked the Court if the directive is opposed to the accessibility of such training to both medical trainees and to those of dentistry, and if the French regulation - which leads to the practice of the same specialisation by doctors and dentists - is in line with the directive.
The Council replies to these questions that such training can be open “both to persons who have completed only a basic medical training and to those who have completed and validated only studies in the context of a basic dental training course” and that the directive “must be interpreted as not precluding medical subjects from forming part of a specialised training course in dentistry”. It says, however, that the relevant French jurisdiction should verify: - whether the new specialised training course, in so far as it does not fulfil the requirements of the directive regarding basic medical training and dental training, does not lead to the issuing of evidence of basic medical training or evidence of basic dental training; - whether the qualification awarded following the completion of the specialised training course does not authorise the practice of the core medical or dental profession by persons who do not possess evidence of formal qualifications in basic medical training or evidence of formal qualifications in basic dental training. (FG/transl.fl)