Summary
Keywords
Non-contractual liability - Conditions - Publication by the Commission, for information purposes, of a fact-sheet concerning the recognition of diplomas and qualifications in medical practice - Fault on the part of the Commission - None
(EC Treaty, Art, 215, second para.)
Summary
There is manifestly no foundation in law in the case of an application brought by a national of a Member State holding general and specialist qualifications in medicine, gained in that State, seeking compensation for damage allegedly suffered as a result of the Commission's publication of a fact-sheet concerning the recognition of diplomas and qualifications for general and specialist medical practitioners which, in the view of the applicant, inadequately reflects the rules applicable to specialist medical practitioners in the aforementioned Member State.
No finding of fault can be made against the Commission where the fact-sheet contains, for persons who wish to obtain recognition of their diploma or qualifications, a general overview of the applicable Community law, a list of the Community and national legislative instruments in force and a list of useful addresses, accompanied by a disclaimer warning that such guidance as is given on Community law is for information purposes only.
Furthermore, inasmuch as the fact-sheet cannot, by reason of its nature and content, have any effect as regards the rules applicable to specialist medical practitioners trained and established in a particular Member State, the applicant is in no position to invoke any personal damage arising out of the information published by the Commission.
Full & Egal Universal Law Academy