Report 2011 - EFTA Court

“acceptable practice” that the recognition of professional
qualifications cannot be subject to linguistics knowledge unless
it belongs to the qualifications (e.g. speech therapists). Moreover,
the Code states that language requirements must not exceed what
is necessary and proportionate for practising the profession in the
host Member State. This can only be considered on an individual
case by case basis, where, according to the Code, one of the
following documents should be considered as sufficient to attest
linguistic knowledge: (a) a copy of a qualification acquired in the
language of the host Member State; (b) a copy of a qualification
attesting knowledge in the language(s) of the host Member State
(e.g. university degree, chamber of commerce qualification;
qualifications delivered by recognised language institutions like
the Goethe institute, etc.); (c) evidence of previous professional
experience in the host Member State territory; (d) if the migrant
does not provide evidence under (a) to (c), an appropriate
interview or a test (oral and/or written) may be imposed.
26. On this basis, the Czech Government argues that, although Article
53 of the Directive provides national authorities with a certain
margin of discretion, this discretion cannot be used to deny the
recognition of professional qualifications.
27. in the opinion of the Czech Government, the same can be
deduced from the general purpose underlying the provisions on
free movement of workers, which is non-discrimination, that is,
equal treatment for workers from another Member State. This
is reflected in the wording of Article 4(1) of the Directive, which
states that the recognition of professional qualifications by the
host Member State allows the beneficiary to gain access in that
Member State to the same profession as that for which he is
qualified in the home Member State and to pursue it in the host
Member State under the same conditions as its nationals.
28. Therefore, according to the Czech Government, it is clear that,
unless professional qualifications equivalent to those held by
the Complainant would give a Norwegian national a right to have
the job to which the Complainant aspires, she can rely on the
Directive to have her professional qualifications recognised in
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