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European Observer on fundamental right's respect

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Case Law C-345/08 (10/12/2009)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/10/2009

Subject: The Court affirmed that Article 39 EC does not of itself oblige, where the competent authorities of a Member State consider an application of a national of another Member State to be admitted to serve a practical training period with a view to exercising a regulated legal profession at a later date, those authorities to require from the candidate, in the examination of equivalence required by Community law, merely a level of legal knowledge which is lower than that attested by the qualification required in that Member State for access to such a period of practical training. However, Article 39 EC does not preclude a degree of flexibility as regards the qualification required. Moreover it is important that, in practice, the possibility of partial recognition of the knowledge attested by qualifications which the person concerned has obtained should be more than merely notional. That is a matter for the national court to determine.

Parties: Krzysztof Peśla

Classification: Freedoms - Art. 15 Right to work - Citizens’ rights - Art. 45 Freedom of movement

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