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are established in a State of the Community other than
that of the person for whom the services are intended;
Article 60 provides that a person providing a service
may temporarily pursue conditions as are imposed by
'the State on its own nationals. On 3 December 1974
the Court delivered its judgement (OJ No. C52, 5
March 1975) in which it reached conclusions similar
to those reached in the Reyners case. The Court ruled
that
(a)
Articles 59 and 60 of the EEC Treaty are
directly applicable in all Member States and
(b) The law of a Member State may not require
a person established in another Member State
to have a permanent residence in its terri-
tory as a precondition for providing services
there.
The effect of the judgment is to make illegal any
restrictions on the cross-frontier supply of services
which are based on grounds of nationality.
6.5 After publication of the judgement in the Rey-
ners case the Commission withdrew draft directives
which it had submitted to the Council on the abolition
of restrictions on freedom of establishment and free-
dom to provide services; these are listed in paragraph
6.7 of the Fourth Report. The Commission has indicat-
ed that it is clear from the Court's ruling in the Van
Binsbergen case that there is no longer any need to
issue Directives on the abolition of restrictions relating
to the provision of services. Th e Commission is there-
fore redrafting a number of proposals on freedom to
provide services as well as proposals on right of estab-
lishment; in so doing it is omitting provisions which
relate exclusively to the abolition of restrictions. Some
redrafted proposals have already been submitted by
the Commission to the Council.
Doctors
6.6 In March 1969 the Commission presented to
the Council its proposals on right of establishment of,
and freedom to provide servicesby, Doctors (OJ No.
C54, 28 April 1969). There were then three draft dic-
ectives concerning
(a)
the achievements of freedom of establishment
and freedom to provide services for doctors
(b)
the mutual recognition of diplomas, certific-
ates and other evidence of formal qualificat-
ions in medicine and
(c)
the co-ordination of provisions laid down by
law, regulation or administrative action in
respect of the activities of self-employed
doctors.
These drafts were affected by the judgements of the
Court of Justice in the Reyners and Van Binsbergen
cases. The immediate consequence of the judgements
was that the first draft driective, which dealt largely
with the removal of nationality restrictions on right of
establishment and freedom to provide services, was no
longer required; apart from some minor provisions
which were transferred to the other two drafts, the
draft was withdrawn (paragraph 6.7 Fourth Report).
Nursing
6.15 The drafts set out the nursing qualifications
which are to be recognised in all Member States and
the type of training which nurses should undergo.
They include similar provisions to those contained in
the Doctors Directives in regard to evidence of good
character, good repute and of physical or mental health
of those wishing to practise in another Member State,
Th e draft directives would apply to salaried nurses
as well as to self-employed nurses. The drafts are at
present under consideration within the Council. It is
expected that they will be adopted before the end of
1975.
Lawyers
6.16 A Council working group of officials of the
Member States is continuing its examination of a draft
directive on the provision of services by Lawyers (OJ
No. C78, 20 June 1969).
6.17 The Council of Ministers for Justice at its
meeting on 26 November 1974 took note of the progress
made on this proposal and requested the Commission
to submit to it an amended proposal as soon as judge-
ment had been given by the Court of Justice in the
Van Binsbergen case. The Commission duly proceeded
to review the draft directive in the light of the judg-
ments of the Court of Justice in the Reyners and Van
Binsbergen cases. In connection with this review
officials of the Commission had discussions in Dublin in
April 1975 with officers of the Department of Justice
and with representatives of the Irish legal profession
with a view to taking account of the structure of the
profession in this country in reviewing and revising
the draft. On 10 June 1975 the Commission forwarded
to the Council in the form of a working document a
provisional revised proposal for a directive. The Coun-
cil working group met on 12 and 13 June 1975 to dis-
cuss the working document and the Commission is at
present preparing in 'the light of the views expressed
at that meeting its formal proposal for a revised draft
Directive which it is expected to he held sometime in
October next. Representatives of the Irish legal pro-
fession are being kept fully informed of developments
in relation to the draft Directive.
Architects
6.18 In May 1967 the Commission forwarded to
the Council proposals on freedom of establishment and
freedom to provide services in respect of architects (OJ
No. 239, 4 October 1967). During the period under
review a working group of the Council has discussed
a new version of the draft directives which takes ac-
count of the difficulties experienced.
Insurance
Self-employed
Insurance Agents and Brokers
6.27 The draft directive laying down detailed rules
for transitional measures for self-employed insurance
agents and brokers (OJ No. C14, 11 February 1971)
was considered by the Council working party on right
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