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No 14 (October 98/Octobre 98/Oktober 98)
There recent cases, concerning the recognition of the German diploma of nurse in France and the Dutch qualification of nurse responsible for general care in Belgium, were successfully resolved after intervention of the Commission.
After intervention of the Commission services the French authorities recognised the German diploma of a EU citizen. In principle, her diploma as a nurse responsible for general care which is a diploma listed in directive 77/452/EEC should have been automatically recognised. (Case 98/4001).
An EU citizen asked for recognition of her German diploma of nurse responsible for general care in France under Directive 77/452/EEC. Given that her diploma issued by a local German authority did not mention the phrase "staatliche Prüfung" which is the term used in Directive 77/452/EEC, the French local authorities dealing with her case had some problems. After contacts between the authorities and clarifications by the Commission services her diploma was recognised. (Case 97/4777).
An EU citizen had applied for recognition of her Dutch qualification of nurse responsible for general care (A-Verpfleegkundige) in Belgium. Initially the Belgian authorities only recognised her as "infirmière brevetée (A-2)". In Belgium there exist two nursing qualifications which are listed in Directive 77/452/EEC (infirmière brevetée A-2; infirmière graduée A-1). Both of them should in principle be automatically recognised in all Member states. However, it is the opinion of the Commission services that for general care nurses with diplomas listed in directive 77/452/EEC coming from other Member States, it should be possible not only to be recognised on level A-2 but also to be recognised at level A-1 in Belgium. This would not be a result of Directive 77/452/EEC which clearly only obliges Belgium to recognise general care nurses on level A-2, but would be directly based upon the relevant provisions of the EC-Treaty as interpreted by the ECJ. The Kingdom of Belgium accepted this interpretation and has further analysed her qualifications and experience. After this further analysis, the complainant was given the recognition as "infirmière graduée/gegradueerd verpflegster". (Case 97/4947).
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