Case C-234/97 Teresa Fernández de Bobadilla v Museo Nacional del Prado, Comité de Empresa del Museo Nacional del Prado and Ministerio Fiscal [1999] ECR I-4773

Key point
  • The obligation of national authorities to conduct a comparative examination of diplomas laid down in Vlassopoulou is extended to cases where the applicant holds a foreign diploma and is seeking admission into a profession within a Member State of which she is a national
  • Ms FB had a Masters in fine arts restoration from the Newcastle upon Tyne Polytechnic in the UK
  • She had worked on a temporary basis for the Prado museum, a part of the Spanish State, in Spain as a restorer
  • Her application for a permanent restorer position was rejected as her foreign qualification was not recognised under a Collective Agreement between the Prado and staff representatives
  • Preliminary reference was made on whether the collective agreement was compatible with Article 49 TFEU which guarantees the right of establishment
  • A process of comparative examination must be adopted competent national authority to assess whether the knowledge and qualifications certified by Ms FB’s qualifications correspond with that required in the Collective Agreement
  • If they do correspond, Spain must recognise that diploma as fulfilling the requirements laid down by the Collective Agreement
  • If correspond only partially, Spain is entitled to require Ms FB to show that he has acquired the knowledge and qualifications which are lacking
  • “In contrast to Vlassopoulou, this case concerns a Spanish national seeking to practice her profession in Spain. However, if a national of a Member State, owing to the fact that he has lawfully resided on the territory of another Member State and has acquired a professional qualification there, finds himself with regard to his State of origin in a situation which may be assimilated to that of a migrant worker, he must also be entitled to enjoy the rights and freedoms guaranteed by the Treaty”: [30]
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