A Member State may not object to the recognition of academic qualifications obtained in partially overlapping courses if the minimum training conditions have been complied with, the European Court of Justice stated in a judgment delivered on Thursday 6 December (Case C-675/17).
Italian citizen Hannes Preindl had obtained recognition of his dental diploma from the University of Innsbruck in Austria. But the Italian administration later refused to recognise his surgeon's diploma on the grounds that many of Mr Preindl’s training courses were taken at the same time for his two diplomas. In Italy, overlapping enrolment in two training courses is prohibited, whereas it is permitted in Austria.
As Mr Preindl brought an action before the Italian administrative courts, the Consiglio di Stato (Council of State) asked the Court whether Directive (2005/36) obliges a Member State, whose legislation creates a requirement to pursue full-time training and a prohibition on being enrolled on two courses at the same time, to recognise automatically the evidence of formal qualifications issued by another Member State on the completion of partially concurrent training.
By its judgment, the Court ruled in favour of the complainant. It notes that the Directive allows Member States to authorise part-time training, as long as the overall duration, level and quality of such training are not lower than those of continuous full-time training. Nor does the Directive preclude Member States from authorising simultaneous enrolment on a number of training courses.
Consequently, the European Court states that a country such as Italy must automatically recognise evidence of professional qualifications covered by the Directive and issued in another Member State, even if the person concerned has followed part-time training or several courses simultaneously or during periods which overlap in part, provided that European rules are respected.
It is the responsibility of the state of origin - in this case Austria - to ensure that all the requirements of the Directive are met, in particular that the total duration, level and quality of part-time training is not lower than that of continuous full-time training. (Original version in French by Mathieu Bion)