Report 2011 - EFTA Court

medical qualifications does not create a right to be recruited to a
particular post. 32
93. Finally, the Commission notes that Article 53 of Directive
2005/36 envisages that individuals “benefiting from the
recognition of professional qualifications shall have a knowledge
of languages necessary for practising the profession in the host
Member State”. in its view, this provision was broadly inspired
by the case-law of the ECJ, and in particular by the judgment in
Haim. 33
94. The Commission contends that it follows from the express
wording of Article 53 of the Directive that a language requirement
cannot be applied as a precondition for the recognition of
qualifications or for access to the profession in the host Member
State. Only in the case of individuals “benefiting” from the
recognition of professional qualifications is the knowledge of
languages relevant to “practising the profession in the host
Member State”.
95. Second, any language requirements applied must be necessary
and proportionate for the practice of the profession, depending
upon the particular circumstances and especially the specific
tasks to be carried out. 34 Although this issue was not raised by the
Appeals Board in its request for an advisory opinion, for the sake
of completeness, the Commission adds that relevant linguistic
knowledge could be evidenced by a variety of different means,
such as proof of a formal qualification acquired in the language
of the host Member State, a specific language qualification
obtained, evidence of previous professional experience carried
out in the host Member State or, finally, an appropriate interview
or test.
96. For the reasons set out above, the Commission considers that the
question from the Norwegian Appeals Board for Health Personnel
should be answered as follows:
32 Reference is made, by way of analogy, to Rubino, cited above, paragraph 27.
33 Cited above, paragraph 59.
34 Reference is made, by way of analogy, to Haim II, cited above, paragraph 60.
xxxxxxxxxxxxxxxxxxxxxxxxxxx Case E-1/11 Dr A 600 542