Brussels, 18/03/2002 (Agence Europe) - The European Commission has decided to initiate legal proceedings against six Member States for infringements of legislation on the recognition of diplomas and the right of establishment, as follows.
Germany: the Commission considers that the legislation of several Länder runs counter to Articles 49 and 50 of the Treaty (freedom to provide services) and case law of the Court of Justice (Kraus decision), since, before a university degree is recognised, it is required that the higher education establishment that awarded the diploma must be comparable to a German establishment, or that the degree must have been awarded after the completion of three years' study, at least one of which in the foreign establishment which awarded the diploma.
France has not transposed Directives 89/48 and 92/51 on access to the profession of special-needs teacher and does not take account of applicants' experience in this profession.
Italy has failed to transpose in full Directive 92/51, on the recognition of the qualifications of sportsmen, coaches, technical managers, sports directors and trainers.
Spain has not introduced into its legislation the recognition of diplomas awarded to air traffic controllers in other Member States.
Luxembourg and the Netherlands have not notified measures for the transposition of Directive 98/5 on the establishment of lawyers, for which the transposition deadline was 14 March 2000.