The Gazette 1975

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.

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 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.

(To be concluded — End of Part II)

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.

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