14.10.2006   

EN

Official Journal of the European Union

C 249/3


Reference for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 17 July 2006 — Consiglio Nazionale degli Ingegneri v Ministero della Giustizia, Marco Cavallera

(Case C-311/06)

(2006/C 249/06)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Appellant: Consiglio Nazionale degli Ingegneri

Respondents: Ministero della Giustizia, Marco Cavallera

Questions referred

1.

Does Directive 89/48/EEC (1) apply to an Italian national who: (a) obtained a three-year degree in engineering in Italy; (b) obtained recognition of the Italian qualification as being equivalent to the corresponding Spanish qualification; (c) obtained registration in the Spanish register of engineers but never pursued that profession in Spain; (d) applied, on the basis of the Spanish recognition of equivalence, for registration in the register of engineers in Italy?

2.

If the answer to the first question is in the affirmative, is a domestic provision (Article 1 of Legislative Decree No 115 of 1992) that does not permit recognition in Italy of a qualification of a Member State which in turn is exclusively the result of recognition of a previous Italian qualification compatible with Directive 89/48/EEC?


(1)  OJ L 19, p. 16.