Facts
X., a French national born in 1962, obtained the certificate of aptitude for the functions of activity leader in holiday and leisure centers in 1985 and the French certificate of childcare assistant in 1994. She filed an application for recognition of her childcare assistant certificate with the Federal Office for Professional Education and Technology (OPET) on June 13, 2007. The OPET suspended the procedure until May 31, 2009, considering that X.'s training differed substantially from the Swiss requirements. X. appealed against this decision, claiming a denial of justice and discrimination.Considerations
The Federal Tribunal partially upheld X.'s appeal. Art. 9 of the FMPA provides for the mutual recognition of diplomas between Switzerland and the EU. The OPET must therefore compare X.'s training with the Swiss requirements and make a decision within 4 months from the time it has all the necessary elements. In this case, the OPET did not respect this deadline, not being able to hide behind the practical difficulties related to the implementation of…