116 / 336
held that the Act had been intended to encourage
French citizens to have large families and was not link-
ed to the worker status of the persons involved.
Right of Establishment
Cases on the right of establishment have been ex-
tremely rare. Until recently the only case of particular
interest has been
Diedrichs
(1973) C.M.L.R. 509,
where a Dutch Court held that while previous criminal
convictions in themselves were not a justifiable reason
for the refusal of a residence permit, regard should be
had to the number and nature of the offences committed
and the sentences imposed, but very recently the Euro-
pean Court has put the cat among the pigeons in the
field of the professions in a case called
"Reyners"
2/74 reported in
(1974) E.C.R. 631- It had
been generally assumed that although Article 52 pro-
vided for the abolition of restrictions on the freedom of
establishment by progressive stages in the course of
the transitional period and such abolition had not in
fact taken place, that it would take place in accordance
with the programme established under article 54. But
the Court has now held that article 52 is directly ap-
plicable, notwithstanding that directives called for un-
der article 54 and 57 have not been enacted. Jean
Reyners was born of Dutch parents in Brussels and
although he had lived in Belgium for many years had
retained Dutch nationality. He obtained a Belgian
Doctorate of Law in 1957 but had not been admitted
to the Belgian Bar on the grounds of nationality as
prescribed by law particularly by a Royal Decree
of August 24th 1970. The decision of the Euro-
pean Court emphasises that the Belgian Court to which
Mr. Reyners had made his application for a rescision of
the Royal Decree has little alternative but to accede to
his request. The confusion which the Courts decision
has caused in the field of freedom of establishment in
the professions is considerable.
Freedom of Establishment for Workers—Professional
Sportsmen
The Court has recently had to consider whether
certain restrictions imposed by the International Cydlists
Union in its Bye Laws for the World Cycling Cham-
pionships could constitute a breach of Article 7, 48 &
59 of the Treaty and Regulation No. 1612/1968. The
case
Walrave and Koch -v- I.C.U.
and others (London
Times 23rd December 1974) involved two Dutch
Nationals who were employed as motor cycle pace-
makers in certain cycle races. They worked for individ-
ual cyclists, for Cyclists Associations and for commercial
sponsors and were affected by a Bye Law of the In-
ternational Cyclists Union which provided that from
1973 onwards the pacemaker had to be of the same
nationality as the cyclist for whom he worked. The
Dutch District Court at Utrecht referred the case to the
E.E.C. Court to consider whether the I.C.U. Bye Law
ran* counter to the principle of non discrimination be-
tween Nationals of Member States and as to whether the
rule
of
non-discrimination
should
apply
to
legal
contracts
established
within
the
frame-
work of a world wide federation of games or sports
and also as to whether the situation might be different
according as to whether the competition took place
within the Community or in third countries and finally
as to whether Article 59 (1) and Article 7 (1) of the
Treaty were directly applicable in Member States.
The European Court in its answers indicated that the
Rule of the I.C.U. could offend against the principle
of non discrimination if it did not come within an
exception which would permit national teams to be
composed solely of nationals. The District Court was
asked to decide whether pacemaker and the cyclist
constituted a national team before invoking the
Treaty. The Court answered the other two questions
by confirming that the non discrimination rule ap-
plied to all legal contracts whenever they could be
said to exist within the Community and most impor-
tant of all held that Article 59 was directly applicable
having created as from the end of the transitional
period rights for the private citizen which National
Courts had to protect.
(To be concluded — End of Part II)
Obituary
Mr. Patrick F. O'Reilly
of "Santos", The Coppins,
Foxrock, Co. Dublin, died suddenly in St. Vincent's
Hospital, Elm Park, Dublin, on 6th May, 1975. Mr.
O'Reilly was admitted in Easter Term, 1924, and
practised with his late wife Mrs. O'Reilly, under the
style of "Patrick F. O'Reilly 8c Co." at 8, South Great
George's Street, Dublin 2, until 1957, when he was ap-
pointed a Tax'ing Master in the High Court. His son,
Mr. Finbarr O'Reilly, became a partner in the firm in
1951. Mr. O'Reilly was Senior Vice-President of the
Society in 1943-44, and President in 1944-45.
Mr. Patrick Treacy
of 30 Lavarna Road, Terenure
died in the Richmond Hospital, Dublin, on 10th May,
1975. Mr. Tracey was admitted in Michaelmas Term,
1956, and had been solicitor to the Industrial Credit
Corporation in 26, Merrion Square, Dublin 2.
Additional appointments
to land registry
Mr. Nevin M. Griffith, B.A., Barrister, to be Deputy
Registrar;
Mr. F. Kehily, Barrister, to be Examiner of Titles.
Mr. S. McGrath, Barrister, to be Senior Legal Assis-
tant.
113