Vlassopoulou v Ministerium für Justiz (Case C-340/89) [1991...

Facts

• The case involved Ms. Vlassopoulou, who sought recognition of her professional qualifications obtained in another Member State to practice in the host Member State.
• The host Member State's national authorities initially required applicants to hold qualifications that precisely matched their own national standards.
• Ms. Vlassopoulou's formal qualifications and professional experience did not fully correspond to all requisites of the host Member State.
• The European Court of Justice (ECJ) was asked to clarify the obligations of Member States in recognizing foreign professional qualifications under EU law, particularly in light of Directive 89/48/EEC on the general system for the recognition of higher-education diplomas.

Issues

1. Whether a Member State may refuse recognition of professional qualifications obtained in another Member State solely because they do not precisely correspond to national requirements.
2. How Member States should assess the equivalence of professional qualifications and consider practical experience gained in another Member State.
3. In cases of deficient equivalence, whether and under what conditions a host State may require additional training or measures from the applicant.

Decision

• The ECJ held that Member States must consider both formal qualifications and practical professional experience when assessing recognition requests from professionals qualified in another Member State.
• Host Member States cannot automatically refuse recognition on the grounds that foreign qualifications do not identically match national ones; an objective comparative analysis is required.
• Where differences in qualifications exist, national authorities must determine whether practical experience compensates for any deficiencies.
• If differences remain substantial, the host State may require the applicant to complete proportionate additional training or an aptitude test, but only as necessary to address the specific deficiencies.
• The assessment and any additional requirements imposed by the host State must be objective, transparent, and provide applicants the opportunity to demonstrate equivalence.

Legal Principles

• The principle of mutual recognition requires that Member States assess professional qualifications gained in other Member States without imposing unjustified barriers.
• Practical experience and partial qualifications must be accounted for alongside formal education in the recognition process.
• Additional training or adaptation measures can only be required if deficiencies are significant and must be proportionate to the gaps identified.
• The assessment process must be transparent, objective, and provide procedural safeguards for applicants.
• The ruling clarifies the interpretation of Directive 89/48/EEC on professional qualifications across Member States.

Conclusion

The ECJ in Vlassopoulou v Ministerium für Justiz established that Member States must conduct a comparative and objective assessment of foreign professional qualifications, factoring in both formal credentials and relevant experience. Where gaps persist, proportionate additional training may be imposed, thereby promoting both free movement and a harmonized approach to professional qualification recognition within the EU.