Case C-166/20, Other Forms of Free Movement
Should Article 10(b) of Directive 2005/36/EC, when interpreted together with the purpose of the directive specified in Article 1, be interpreted as being applicable in a situation where a person has not obtained formal evidence of qualifications because he or she has potentially fulfilled the requirements necessary for obtaining the professional qualifications in several Member States of the European Union rather than in a single one? In such a situation, where a person has not acquired formal evidence of qualifications because he or she has potentially fulfilled the requirements necessary for obtaining the professional qualifications in several Member States of the European Union rather than in a single one, should Chapter I (General system for the recognition of evidence of training) of Title III of Directive 2005/36/EC be interpreted as obliging the institution recognising qualifications to assess the content of all the documents submitted by the person which can demonstrate professional qualifications and whether they comply with the requirements set in the host Member State for obtaining the professional qualifications and, if necessary, to apply compensation measures?
In a situation such as that in the present case, where the applicant has potentially fulfilled the requirements necessary for obtaining the professional qualifications as a pharmacist for the purposes of Article 44 in Section 7 of Chapter III of Directive 2005/36/EC but those requirements have been fulfilled in several Member States of the European Union rather than in a single one and, therefore, the applicant does not hold the evidence attesting to professional qualifications that is laid down in point 5.6.2 of Annex V to Directive 2005/36/EC, should Articles 45 and 49 TFEU and Article 15 of the Charter be interpreted as obliging the competent authorities of the host Member State to assess the professional training of the applicant and to compare it with the professional training required in the host State, and also to assess the content of the documents submitted which can demonstrate professional qualifications and whether they comply with the requirements set in the host Member State for obtaining the professional qualifications, and, if necessary, to apply compensation
BB – v – Lietuvos Respublikos sveikatos apsaugos ministerija (Ministry of Health of the Republic of Lithuania), reference lodged by the Lietuvos vyriausiasis administracinis teismas (Lithuania) on 22 April 2020