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

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]