G, a Greek national who had a Greek law degree and had practiced German law for several years, was refused authorisation to practice in Germany on the grounds that she had not taken and passed the German law exams.
Held that it was possible for national law qualification requirements to constitute infringement of freedom of establishment.
Any professional/state bodies that determine access to practicing a profession must take into account diplomas, certificates an other evidence of qualifications which an applicant has acquired in order to practice that profession in another MS by making a comparison between “the specialised knowledge and abilities certified by those diplomas and the knowledge and qualifications required by the national rules”.
Thus knowledge and training also have to be considered, as compared to those required by domestic qualification.
If they are equivalent, the host state must recognise the qualification, and if they are not then the host state must consider whether knowledge / practical training in the host MS is sufficient to make up for what is lacking in qualification.
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European Law | Free Movement Of Persons Notes (29 pages) |