Report 2011 - EFTA Court

doctors) listed in Annex v. Put simply, a State cannot “look
behind” the qualification, and question the nature or quality
of the training leading to its award, nor impose additional
conditions. if a relevant qualification exists, this must be
recognised as permitting full access to that profession.
91. The Commission contends that once a doctor has been
recognised by virtue of the operation of Article 21 of the
Directive he remains subject to the same rights and obligations as
a doctor qualified under the system of the host Member State. 31
in its view, identical principles apply in the situation where an
individual has acquired rights within the meaning of Article 23.
Thus, a Bulgarian doctor such as the Complainant whose training
started before the reference date of 1 January 2007 (the date of
Bulgarian accession to the European Union) and who provides a
certificate of acquired rights must enjoy automatic recognition
as a doctor under the system of the host State, with the corollary
that (i) the professional requirements referred to, for example,
in Article 48 of the Norwegian Health Personnel Act must be
deemed to be fulfilled and (ii) no further training periods or
periods of limited access to the profession together with further
evaluation can be imposed.
92. The Commission argues that a doctor who has been recognised
by the host State is entitled, naturally, to pursue his profession,
subject to compliance with the requirements for medical practice
in that State. in other words, although the principle of mutual
recognition ensures that a doctor qualified in Bulgaria and
fulfilling the requirements of Article 21 or 23 of the Directive
2005/36 must automatically be recognised as such in Norway,
he remains subject to the same obligations as Norwegian doctors
in carrying out that profession. By way of example, it appears
that Article 53 of the Norwegian Health Personnel Act envisages
that authorisation to practise as a doctor may be revoked in
cases of misconduct or “gross lack of professional insight”. in
addition, the Commission emphasises that the recognition of
31 Reference is made to Article 4 of the Directive which refers to the pursuit of the profession
“under the same conditions” as the nationals of that State.
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