{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-343-25","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-343-25)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-24","fingerprint":"ewai:eu:210f09","proof":"sha256:4471879b5ad6c9334bcb6a54c7b9026bde45a8060966f41721f5bc3e8ced8d44","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-343-25","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Front matter","paragraphs":["para_1","para_2","para_3","para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21"],"kind":"front_matter"},{"title":"Judgment","paragraphs":["para_22","para_23","para_24"],"kind":"assessment"},{"title":"Legal context","paragraphs":["para_25"],"kind":"legal_framework"},{"title":"European Union law","paragraphs":["para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33","para_34","para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46"],"kind":"legal_framework"},{"title":"The 2016 Agreement","paragraphs":["para_47","para_48","para_49","para_50","para_51"],"kind":"legal_framework"},{"title":"The Public Health Code","paragraphs":["para_52","para_53","para_54","para_55"],"kind":"legal_framework"},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":["para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68","para_69","para_70","para_71","para_72"],"kind":"facts"},{"title":"Consideration of the questions referred","paragraphs":["para_73"],"kind":"questions"},{"title":"The first question","paragraphs":["para_74","para_75","para_76","para_77","para_78","para_79","para_80","para_81","para_82","para_83","para_84","para_85"],"kind":"assessment"},{"title":"The second question","paragraphs":["para_86","para_87","para_88","para_89","para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103"],"kind":"assessment"},{"title":"Costs","paragraphs":["para_104","para_105"],"kind":"costs"},{"title":"On those grounds, the Court (Eighth Chamber) hereby rules:","paragraphs":["para_106","para_107","para_108","para_109","para_110","para_111","para_112"],"kind":"operative"}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Eighth Chamber)","paragraph_id":"para_2"},{"text":"25 June 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – point (a) of Article 3(1) – National legislation laying down the conditions for access to the non-standard-fee sector by self-employed doctors – Doctor who has obtained a qualification …","paragraph_id":"para_4"},{"text":"In Case C‑343/25,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Cour de cassation (Court of Cassation, France), made by decision of 15 May 2025, received at the Court on 16 May 2025, in the proceedings","paragraph_id":"para_6"},{"text":"Caisse primaire d’assurance maladie (CPAM) de la Gironde","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"LX,","paragraph_id":"para_9"},{"text":"THE COURT (Eighth Chamber),","paragraph_id":"para_10"},{"text":"composed of O. Spineanu-Matei, President of the Chamber, S. Rodin and N. Fenger (Rapporteur), Judges,","paragraph_id":"para_11"},{"text":"Advocate General: M. Szpunar,","paragraph_id":"para_12"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_13"},{"text":"having regard to the written procedure,","paragraph_id":"para_14"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_15"},{"text":"–        LX, by F. Boucard, avocat,","paragraph_id":"para_16"},{"text":"–        the French Government, by B. Dourthe and M. Guiresse, acting as Agents,","paragraph_id":"para_17"},{"text":"–        the European Commission, by L. Armati and B. Stromsky, acting as Agents,","paragraph_id":"para_18"},{"text":"–        the EFTA Surveillance Authority, by J. Førde, K. Isaksen and M.-M. Joséphidès, acting as Agents,","paragraph_id":"para_19"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_20"},{"text":"gives the following","paragraph_id":"para_21"},{"text":"Judgment","paragraph_id":"para_22"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22), as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 (OJ 2013 L 354, p. 132) (‘Directive 2005/36’), and of Article 49 TFEU.","paragraph_id":"para_23"},{"text":"2         The request has been made in proceedings between the Caisse primaire d’assurance maladie (CPAM) de la Gironde (Local Sickness Insurance Fund of the Department of Gironde, France; ‘the CPAM de la Gironde’) and LX, concerning the granting of LX’s application for authorisation to practise as …","paragraph_id":"para_24"},{"text":"Legal context","paragraph_id":"para_25"},{"text":"European Union law","paragraph_id":"para_26"},{"text":"3         Under recital 38 of Directive 2005/36:","paragraph_id":"para_27"},{"text":"‘The provisions of this Directive do not affect the powers of the Member States as regards the organisation of their national social security system and determining the activities which must be pursued under that system.’","paragraph_id":"para_28"},{"text":"4         Article 1 of that directive, which is entitled ‘Purpose’, provides:","paragraph_id":"para_29"},{"text":"‘This Directive establishes rules according to which a Member State which makes access to or pursuit of a regulated profession in its territory contingent upon possession of specific professional qualifications (referred to hereinafter as the host Member State) shall recognise professional qualifica …","paragraph_id":"para_30"},{"text":"This Directive also establishes rules concerning partial access to a regulated profession and recognition of professional traineeships pursued in another Member State.’","paragraph_id":"para_31"},{"text":"5         Article 2 of that directive, which is entitled ‘Scope’, provides, in the first subparagraph of paragraph 1 thereof:","paragraph_id":"para_32"},{"text":"‘This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.’","paragraph_id":"para_33"},{"text":"6         Article 3 of that directive, which is entitled ‘Definitions’, provides, in paragraph 1 thereof:","paragraph_id":"para_34"},{"text":"‘1.      For the purposes of this Directive, the following definitions apply:","paragraph_id":"para_35"},{"text":"(a)      “regulated profession”: a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of spec …","paragraph_id":"para_36"},{"text":"(b)      “professional qualifications”: qualifications attested by evidence of formal qualifications, an attestation of competence referred to in Article 11, point (a)(i) and/or professional experience;","paragraph_id":"para_37"},{"text":"(c)      “evidence of formal qualifications”: diplomas, certificates and other evidence issued by an authority in a Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State and certifying successful completion of professional training obtained mai …","paragraph_id":"para_38"},{"text":"…","paragraph_id":"para_39"},{"text":"(e)      “regulated education and training”: any training which is specifically geared to the pursuit of a given profession and which comprises a course or courses complemented, where appropriate, by professional training, or probationary or professional practice.","paragraph_id":"para_40"},{"text":"…","paragraph_id":"para_41"},{"text":"(f)      “professional experience”: the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State;","paragraph_id":"para_42"},{"text":"…’","paragraph_id":"para_43"},{"text":"7         Article 4 of Directive 2005/36, entitled ‘Effects of recognition’, provides, in paragraph 1 thereof:","paragraph_id":"para_44"},{"text":"‘The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as that for which they are qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals.’","paragraph_id":"para_45"},{"text":"French law","paragraph_id":"para_46"},{"text":"The 2016 Agreement","paragraph_id":"para_47"},{"text":"8         Since the adoption of the convention nationale du 29 mai 1980 (national agreement of 29 May 1980), approved by the arrêté du 5 juin 1980, portant approbation de la convention conclue entre, d’une part, la Caisse nationale de l’assurance maladie des travailleurs salariés et conjointement la …","paragraph_id":"para_48"},{"text":"9         The national agreement applicable to the dispute in the main proceedings is that concluded on 25 August 2016 and approved by the arrêté ministériel du 20 octobre 2016, portant approbation de la convention nationale organisant les rapports entre les médecins libéraux et l’assurance maladie …","paragraph_id":"para_49"},{"text":"10       Under Article 38.1.1 of the 2016 Agreement, doctors who are setting up to work on a self-employed basis for the first time in the specialism they wish to practise and who hold, inter alia, the public hospital qualification of ‘ ancien assistant des hôpitaux ’ (former non-permanent hospital …","paragraph_id":"para_50"},{"text":"11       According to Article 38.1.2 of that agreement, doctors with qualifications obtained abroad in hospitals located in a territory covered by the European Union’s professional qualifications recognition system established by Directive 2005/36 may also gain entry to the non-standard-fee sector, …","paragraph_id":"para_51"},{"text":"The Public Health Code","paragraph_id":"para_52"},{"text":"12       Article R. 6152-504 of the code de la santé publique (Public Health Code), in its wording in force since 12 October 2015, resulting from décret n o  2015-1260 du 9 octobre 2015 (Decree No 2015-1260 of 9 October 2015) (JORF No 236 of 11 October 2015, Text No 12), provides that generalist and …","paragraph_id":"para_53"},{"text":"13       Article R. 6152-510 of that code, in its wording in force since 1 April 2015, resulting from décret n o  2015-320 du 20 mars 2015 (Decree No 2015-320 of 20 March 2015) (JORF No 69 of 22 March 2015, Text No 15), provides that ‘ assistants des hôpitaux ’ are recruited under written contracts concluded with the director of the public health institution.","paragraph_id":"para_54"},{"text":"14       Under Article R. 6152-537 of that code, in its wording in force from 28 August 2014 to 1 September 2020, resulting from décret n o  2014-963 du 22 août 2014 (Decree No 2014-963 of 22 August 2014) (JORF No 197 of 27 August 2014, Text No 22), applicable to the dispute in the main proceedings, …","paragraph_id":"para_55"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_56"},{"text":"15       LX, a doctor of medicine practising as a specialist on a self-employed basis in France, applied to the CPAM de la Gironde for authorisation to practise in the non-standard-fee sector, known as ‘Sector 2’, as described in paragraph 8 above.","paragraph_id":"para_57"},{"text":"16       By decision of 10 October 2017, adopted after consulting the National Council of the Medical Association, the CPAM de la Gironde rejected that application on the ground that, because she had worked as a non-permanent practitioner in an Italian hospital as a self-employed practitioner, LX had not worked full time in a public hospital role for a period of two years.","paragraph_id":"para_58"},{"text":"17       By judgment of 3 September 2019, the tribunal de grande instance de Bordeaux (Regional Court, Bordeaux, France) found that LX had performed functions equivalent to those of an ‘ assistant des hopitaux ’, which enabled her to gain entry to the non-standard-fee sector.","paragraph_id":"para_59"},{"text":"18       By decision of 31 March 2022, the cour d’appel de Bordeaux (Court of Appeal, Bordeaux, France) confirmed that judgment.","paragraph_id":"para_60"},{"text":"19       For LX’s application to be granted, that court noted that a national of a Member State who claims the title of ‘ assistant des hôpitaux ’ must establish that he or she is in possession of the relevant professional experience, namely the effective and lawful exercise of the profession concer …","paragraph_id":"para_61"},{"text":"20       On 3 June 2022, the CPAM de la Gironde brought an appeal on a point of law against that court’s judgment before the Cour de cassation (Court of Cassation, France), which is the referring court.","paragraph_id":"para_62"},{"text":"21       In support of its appeal, the CPAM de la Gironde challenges the finding of the cour d’appel de Bordeaux (Court of Appeal, Bordeaux) that LX performed functions equivalent to those of an ‘ assistant des hôpitaux ’, granting her entry to the non-standard-fee sector.","paragraph_id":"para_63"},{"text":"22       First, the CPAM de la Gironde disputes the applicability of Directive 2005/36 to the dispute in the main proceedings. It argues that it follows from recital 38 of that directive that the rules relating to access by self-employed doctors to the non-standard-fee sector, which concern the pricing of services and their reimbursement by the health insurance system, fall outside the scope of that directive.","paragraph_id":"para_64"},{"text":"23       Secondly, the CPAM de la Gironde argues that, in any event, that directive does not treat in all cases individuals working on a self-employed basis and individuals working under employment contracts as equivalent. It concludes therefrom that a practitioner who has been pursuing medical acti …","paragraph_id":"para_65"},{"text":"24       The Cour de cassation (Court of Cassation) seeks to ascertain, in the first place, whether the title of ‘ assistant des hôpitaux ’ corresponds to evidence of formal qualifications or professional experience within the meaning of Directive 2005/36 in so far as (i) the procedure for the autom …","paragraph_id":"para_66"},{"text":"25       That court, in the second place, raises the question whether recital 38 of Directive 2005/36 is such as to preclude the application of that directive in the context of a dispute in the area of social security, which calls into question the application of a national agreement on the conditions of access to a fee sector for doctors working on a self-employed basis.","paragraph_id":"para_67"},{"text":"26       In the third and last place, in the event that Directive 2005/36 is found not to apply to the dispute in the main proceedings, that court also has doubts as to the inferences to be drawn from the application of Article 49 TFEU.","paragraph_id":"para_68"},{"text":"27       In this respect, the referring court notes that it is apparent from the case-law of the Conseil d’État (Council of State, France) that (i) the setting by the public authorities of the fees charged by healthcare professionals working under the health insurance fund has neither the purpose no …","paragraph_id":"para_69"},{"text":"28       In those circumstances, the Cour de cassation (Court of Cassation) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_70"},{"text":"‘(1)      Should [Directive 2005/36] be interpreted as meaning that its scope covers national legislation laying down conditions for access to the sector permitting application of non-standard fees under the social security system for a doctor who obtained his or her qualification in a hospital in another Member State of the European Union?","paragraph_id":"para_71"},{"text":"(2)      If such legislation does not fall within the scope of [Directive 2005/36], does Article 49 [TFEU] preclude that legislation from making it possible to refuse to grant a doctor who has obtained a qualification in a hospital in another Member State … access to the non-standard-[fee] sector under the social security system (Sector 2), on the grounds that that doctor pursued his or her professional activity in that hospital on a self-employed basis?’","paragraph_id":"para_72"},{"text":"Consideration of the questions referred","paragraph_id":"para_73"},{"text":"The first question","paragraph_id":"para_74"},{"text":"29       By its first question, the referring court asks, in essence, whether Directive 2005/36 must be interpreted as meaning that its scope covers legislation of a Member State which makes access by self-employed doctors to the non-standard-fee sector – when those doctors obtained a qualification …","paragraph_id":"para_75"},{"text":"30       Directive 2005/36 applies, according to Article 2(1) thereof, to all nationals of a Member State, wishing to pursue a regulated profession in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications on either a self-employed or employed basis.","paragraph_id":"para_76"},{"text":"31       It should be borne in mind that the definition of ‘regulated profession’ within the meaning of that directive is a matter of EU law (judgment of 6 October 2015, Brouillard , C‑298/14, EU:C:2015:652, paragraph 36 and the case-law cited).","paragraph_id":"para_77"},{"text":"32       Under point (a) of Article 3(1) of that directive, ‘regulated profession’ means a professional activity or group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions, to the possession of specific professional qualifications.","paragraph_id":"para_78"},{"text":"33       Pursuant to the case-law of the Court, the concept of ‘specific professional qualifications’ in that provision does not cover all qualifications attested by evidence of formal qualifications, but only those relating to training which is specifically designed to prepare candidates to pursue …","paragraph_id":"para_79"},{"text":"34       In the present case, the qualification of ‘ ancien assistant des hôpitaux ’, as referred to in Article 38.1.1 of the 2016 Agreement, enables a self-employed doctor, whose evidence of formal qualifications is, moreover, automatically recognised on the basis of the relevant provisions of Chap …","paragraph_id":"para_80"},{"text":"35       In this respect, it should be noted that, as stated in paragraph 10 above, the pursuit of such a specialism in the non-standard-fee sector is open also to holders of other public hospital qualifications corresponding to other types of professional experience, such as, inter alia, that of ‘ …","paragraph_id":"para_81"},{"text":"36       Therefore, the period of hospital practice allowing a doctor to obtain the title of ‘ ancien assistant des hôpitaux ’ does not specifically aim to prepare the holder of that title to pursue a given profession, within the meaning of the case-law referred to in paragraph 33 above, but to allow a doctor to gain access to a specific fee scheme (see, by analogy, judgment of 6 October 2015, Brouillard , C‑298/14, EU:C:2015:652, paragraph 39).","paragraph_id":"para_82"},{"text":"37       Accordingly, since the title of ‘ ancien assistant des hôpitaux ’ does not confer ‘specific professional qualifications’, within the meaning of point (a) of Article 3(1) of Directive 2005/36, the practice by a doctor of his or her specialism under a specific health insurance scheme cannot b …","paragraph_id":"para_83"},{"text":"38       Consequently, that directive is not applicable to the situation at issue in the main proceedings (see, by analogy, judgment of 6 October 2015, Brouillard , C‑298/14, EU:C:2015:652, paragraph 42).","paragraph_id":"para_84"},{"text":"39       In the light of all the foregoing considerations, the answer to the first question is that Directive 2005/36 must be interpreted as meaning that its scope does not cover legislation of a Member State which makes access by self-employed doctors to the non-standard-fee sector – when those doc …","paragraph_id":"para_85"},{"text":"The second question","paragraph_id":"para_86"},{"text":"40       By its second question, the referring court asks, in essence, whether Article 49 TFEU must be interpreted as precluding legislation of a Member State under which access to the non-standard-fee sector is refused to a self-employed doctor who has acquired a qualification after working as a non-permanent practitioner in a hospital located in another Member State, on the ground that that activity was pursued on a self-employed basis.","paragraph_id":"para_87"},{"text":"41       It should also be borne in mind that the authorities of a Member State to which an application has been made by an EU national for authorisation to practise a profession, access to which depends, under national legislation, on the possession of a diploma or professional qualification or on …","paragraph_id":"para_88"},{"text":"42       Since that case-law is merely the expression in judicial decisions of a principle inherent in the fundamental freedoms of the FEU Treaty, the legal effect of that principle cannot be reduced as a result of the adoption of directives on mutual recognition of diplomas (judgment of 8 July 2021, Lietuvos Respublikos sveikatos apsaugos ministerija , C‑166/20, EU:C:2021:554, paragraph 35 and the case-law cited).","paragraph_id":"para_89"},{"text":"43       The object of such directives is, as is apparent from Article 53(1) TFEU, to facilitate the mutual recognition of diplomas, certificates and other evidence of formal qualifications by laying down rules and common criteria which result, as far as possible, in automatic recognition of those d …","paragraph_id":"para_90"},{"text":"44       Those considerations apply in particular to Directive 2005/36, which was adopted on the basis, in particular, of Article 47(1) EC (now Article 53(1) TFEU) (judgment of 8 July 2021, Lietuvos Respublikos sveikatos apsaugos ministerija , C‑166/20, EU:C:2021:554, paragraph 37).","paragraph_id":"para_91"},{"text":"45       In the present case, in a situation such as that in the main proceedings, which, as is apparent from the answer to the first question as set out in paragraph 39 above, does not fall within the scope of Directive 2005/36, the host Member State concerned must comply with its obligations regar …","paragraph_id":"para_92"},{"text":"46       However, even if applied without any discrimination on the basis of nationality, national requirements concerning qualifications may have the effect of hindering nationals of the other EU Member States in the exercise of their right of establishment guaranteed by Article 49 TFEU (see, to that effect, judgment of 7 May 1991, Vlassopoulou , C‑340/89, EU:C:1991:193, paragraph 15).","paragraph_id":"para_93"},{"text":"47       In that regard, as the European Commission submits in its written observations, to make recognition of the equivalence between the hospital practice carried out in the home Member State and the practice leading to the title of ‘ ancien assistant des hôpitaux ’ – which gives access to the no …","paragraph_id":"para_94"},{"text":"48       It is settled case-law that restrictions on freedom of establishment which are applicable without discrimination on grounds of nationality may be justified by overriding reasons relating to the general interest, provided that the restrictions are appropriate for securing attainment of the o …","paragraph_id":"para_95"},{"text":"49       In the present case, it should be noted that the French Government puts forward overriding reasons relating to the protection of public health which it claims are capable of justifying the restriction at issue in the main proceedings.","paragraph_id":"para_96"},{"text":"50       In that regard, it must be borne in mind that the protection of public health constitutes an overriding reason in the general interest capable of justifying a restriction of the freedom of establishment (see, to that effect, judgment of 21 September 2017, Malta Dental Technologists Association and Reynaud , C‑125/16, EU:C:2017:707, paragraph 58).","paragraph_id":"para_97"},{"text":"51       However, even if it is assumed that the restriction at issue in the main proceedings is justified by such an overriding reason in the general interest, the requirement of systematically having to be bound by an employment contract in order to be treated in the same way as an ‘ ancien assistant des hôpitaux ’ does not appear to be either necessary or proportionate to the objective pursued.","paragraph_id":"para_98"},{"text":"52       It cannot, in fact, be automatically ruled out that a practitioner who has not been bound by an employment contract to the hospital in another Member State in which he or she acquired his or her experience has similar or equivalent professional experience and, in essence, offers guarantees …","paragraph_id":"para_99"},{"text":"53       In that regard, it is important to emphasise that, in the course of the comparative examination referred to in paragraph 41 above, only objective differences may be taken into consideration. Where equivalence is established, the Member State must recognise that the foreign diploma, or the p …","paragraph_id":"para_100"},{"text":"54       In the present case, the French Government stated, in its written observations, that the nature of the contract binding the doctor to the hospital in which he or she worked on a self-employed basis does not, in itself, constitute a direct criterion for assessment, but nevertheless remains relevant when comparing the actual conditions under which the person concerned pursued his or her professional activity.","paragraph_id":"para_101"},{"text":"55       As is apparent from paragraph 19 above, the cour d’appel de Bordeaux (Court of Appeal, Bordeaux) held that LX had worked under conditions equivalent to those of a non-permanent hospital practitioner bound by an employment contract.","paragraph_id":"para_102"},{"text":"56       Therefore, the answer to the second question is that Article 49 TFEU must be interpreted as precluding legislation of a Member State under which access to the non-standard-fee sector is refused to a self-employed doctor who has acquired a qualification after working as a non-permanent pract …","paragraph_id":"para_103"},{"text":"Costs","paragraph_id":"para_104"},{"text":"57       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_105"},{"text":"On those grounds, the Court (Eighth Chamber) hereby rules:","paragraph_id":"para_106"},{"text":"1.       Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013,","paragraph_id":"para_107"},{"text":"must be interpreted as meaning that its scope does not cover legislation of a Member State which makes access by self-employed doctors to the non-standard-fee sector – when those doctors obtained a qualification after working as non-permanent practitioners in a hospital located in another Member State – conditional upon that qualification being recognised as equivalent to that of ‘ assistant des hôpitaux ’, within the meaning of that national legislation.","paragraph_id":"para_108"},{"text":"2.       Article 49 TFEU","paragraph_id":"para_109"},{"text":"must be interpreted as precluding legislation of a Member State under which access to the non-standard-fee sector is refused to a self-employed doctor who has acquired a qualification after working as a non-permanent practitioner in a hospital located in another Member State, on the ground that that …","paragraph_id":"para_110"},{"text":"[Signatures]","paragraph_id":"para_111"},{"text":"*       Language of the case: French.","paragraph_id":"para_112"}],"operative_part":"On those grounds, the Court (Eighth Chamber) hereby rules:\n\n1.       Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 Novemb …","word_count":5295,"cites":["C-298/14","C-729/17","C-166/20","C-340/89","C-125/16","C-218/19"],"cited_by":[],"sha256":"0c7a52e208d630bdece1af35fc0c3f394cf2a3c34bbafb50f24fa84db460d536","source_url":"https://publications.europa.eu/resource/celex/62025CJ0343","fetched_at":"2026-10-01T01:14:25.127+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-343-25","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-343-25","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-343-25","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-343-25","verification":{"stored_sha256":"0c7a52e208d630bdece1af35fc0c3f394cf2a3c34bbafb50f24fa84db460d536","recomputed_sha256":"0c7a52e208d630bdece1af35fc0c3f394cf2a3c34bbafb50f24fa84db460d536","intact":true,"checked_at":"2026-10-24T19:26:23.303Z"}},"hash":"sha256:4471879b5ad6c9334bcb6a54c7b9026bde45a8060966f41721f5bc3e8ced8d44","version":"legal-2026-10-24","expires":"2026-10-25T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-24+legal-2026-10-24+2026-10-24T16:40:06","content_hash":"sha256:4471879b5ad6c9334bcb6a54c7b9026bde45a8060966f41721f5bc3e8ced8d44","revalidate_after":"2026-10-24T20:26:23.605Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-343-25","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-343-25"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-343-25"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-343-25"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. 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