Report 2011 - EFTA Court

53. As regards the third condition, the Spanish Government argues
that it follows from the facts of the case that the measure is
suitable for securing the protection of public health, as the health
of patients would be at risk if unfit persons were to treat them.
54. Finally, the Spanish Government submits that the measure does
not go beyond what is necessary to ensure such protection. The
Complainant has not been prevented from practising medicine.
She has been granted a one-year authorisation that allows her to
work as a subordinate medical doctor. in the Government’s view,
therefore, it is a limited measure. Moreover, if the Complainant
were to improve her qualifications in the future, she would
most probably obtain an authorisation as a medical doctor.
Consequently, according to the Government, the reversible and
limited character of the measure confirms its proportionality.
55. The Spanish Government respectfully invites the Court to answer
the question referred as follows:
Article 53 of Directive 2005/36 shall be interpreted in the sense that
it allows Member States to refuse the recognition of qualifications due
to insufficient linguistic knowledge unveiled in a practical training.
Article 49 TFEU shall be interpreted in the sense that it allows the
authorities of Member States to apply national rules providing for a
right to deny an authorisation as a medical doctor or only to grant
a limited authorisation as a medical doctor to applicants who fulfil
requirements under Directive 2005/36/EC for a right to mutual
recognition of professional qualifications (authorisation as a medical
doctor without limitations), when the professional experience of
the applicant in Norway has unveiled insufficient professional
qualifications.
The EFTA Surveillance Authority
56. ESA notes that the system of recognition of professional
qualifications aims to facilitate the pursuit of such professions
within the entire European Economic Area. 17 Generally, the
17 Reference is made to recital 1 in the preamble to the Directive.
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