Professional Qualifications

(05/01/2010)

On 10 December the Court of Justice handed down its judgment in Krzystof Peœla v Justizministerium Mecklenburg-Vorpommern (C-345/08). The case raises questions about the free movement of a European citizen seeking to carry out his legal traineeship in a Member State other than that in which he obtained his degree. Mr Peœla, a Polish national, had taken proceedings against the German Ministry of Justice challenging its finding that his qualifications could not be deemed equivalent to those necessarily undertaken by German students prior to commencing a traineeship.

The Court held that, whereas Community law does require that the experience and qualifications of a candidate with a diploma in law from another Member State should be fully taken into account, it does not require that the level of knowledge of national law required be lowered for such a candidate.