Wednesday, June 11, 2008

Commission v Spain on access to hospital pharmacy practice

In 2007, the Commission decided to refer Spain to the European Court of Justice over its failure to implement Directive 89/48/EEC on a general system for the recognition of professional qualifications in the case of the profession of hospital pharmacist (ECJ case C 39/07).

Qualified hospital pharmacists from other EU Member States have difficulties in obtaining the right to practise in Spain and, consequently, are denied the rights of freedom of movement and freedom of establishment granted by the Treaty, the ECJ rules.

The Court (Second Chamber) hereby:

1. Declares that, by failing to adopt all the measures necessary to transpose 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, as far as the profession of hospital pharmacist is concerned, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.