Judgment of the Court (Second Chamber) of 29 January 2009 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Consiglio Nazionale degli Ingegneri v Ministero della Giustizia, Marco Cavallera

(Case C-311/06) (1)

(Recognition of diplomas - Directive 89/48/EEC - Homologation of an educational qualification - Engineer)

(2009/C 69/03)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Consiglio Nazionale degli Ingegneri

Defendants: Ministero della Giustizia, Marco Cavallera

Re:

Reference for a preliminary ruling — Consiglio di Stato — Interpretation of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (OJ 1989 L 19, p. 16) — Whether applicable in the case of an Italian national who is registered in the Spanish professional register following recognition of equivalence of his engineering degree but who has never pursued that profession in Spain and who applies, on the basis of the Spanish qualification authorising him to pursue that profession, to be entered in the professional register in Italy

Operative part of the judgment

The provisions of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration cannot be relied on, for the purpose of gaining access to a regulated profession in a host Member State, by the holder of a certificate issued by an authority of another Member State which does not attest any education or training covered by the education system of that Member State and is not based on either an examination taken or professional experience acquired in that Member State.

(1)  OJ C 249, 14.10.2006.