The Gazette 1975

(b) the provisions of Directives already adopted hv the Council which postponed the lifting of restrictions on certain activities are without effect; this also ap- plies to any timetables laid down in these Directives for their implementation and to provisions which link the abolition of restrictions with measures to co-ordinate national provisions and the mutual recognition of diplomas and (c) Directives for the abolition of discrimination on grounds of nationality need no longer be adopted by the Council. 6.5 The Court's judgement in the Reyner's case re- lates only to right of establishment. However, a Dutch Court has asked the Court of Justice for a similar rul- ing for Article 59 of the EEC Treaty which deals with freedom to provide services (case 33/74; Van Binsber- gen.) A judgement has been delivered in December 1974. 6.6 As a result of the Court's ruling the Commission has decided to withdraw draft directives on (a) the abolition of restrictions on freedom of estab- lishment and (b) the abolition of restrictions on freedom of estab- lishment and freedom to provide services. 6.17 A 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). 6.18 The workng group held a meeting in Octobci 1974. The meeting was principally concerned with the implications for the draft directive of the judgement in the Reyners case and in particular of the Court's in- terpretation of Article 55 of the EEC Treaty which, by virtue of Article 66, applies to the provision of ser- vices as well rs to right of establishment (paragraph 6.9). As the Court's pudgement in the van Binsbergen case (paragraph 6.5) will also directly affect this draft directive it was decided to await the outcome of that case before considering the matter further. Such further consideration will be undertaken following the sub- mission by the Commission to the Council of ? com- prehensive report on the situation created by the judge- ments in these two cases. COMPANY LAW 10.1 Regulations entitled the European Communities (Companies) Regulations 1973 were made by the Min- ister for Industry and Commerce to give effect to the First Directive on Company Law (Directive 68/141 of 9 March 1968 (OJ No. L65, 14 March 1968)). The Joint Committee of the Houses of the Oireachtas on the Secondary Legislation of the Europe? n Communities has examined the regulations and has reported thereon to both Houses (paragraphs 10.3 to 10.5 Third Report)* Steps are being taken to amend the regulations in the 160 Lawyers

formally sworn in on 12 December 1974 at the Court of Justice in Luxembourg. His term of office will con- tinue until 6 October 1979.

New Rules of Procedure

2.17 Article 142 of the Accession Treaty requires the Court of Justice to make amendments to its Rules of Procedure as may be necessitated by the accession to the Community of the three new member States; such amendments require the approval of the Council. The Court's proposed rmendments to its Rules of Procedure were discussed for some time in COREPER. On 24 September 1974 agreement was reached between the Council and the Court on the proposed amendments. The Council of Ministers for Justice on 26 November 1974 adopted the Court's new Rules of Procedure which incorporated the amendments. Right of Establishment and Freedom to provide Services 6.2 On 21 June 1974 at the request of the Conseil d'Etat of Belgium the Court of Justice gave a prelimin- ary ruling under Article 177 of the EEC Treaty on the interpretation of Articles 52 and 55 of the Treaty. The ruling Reyners has important im- plications for the application of right of estab- lishment in the member States and for the draft directives concerning right of establishment and free- dom to provide services which the Commission has sub- mitted to the Council. 6.3 Article 52 of the EEC Treaty provides that restrict- ions on the freedom of establishment of nationals of a member State in the territory of another member State should be abolished before the end of the transitional period (i.e. before 31 December 1969). Freedom of establishment includes the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down for its own nationals by the law of the country where such establishment is effected. The Council was em- powered to issue Directives for the removal by mem- ber States of their discriminatory restrictions against nationals or firms of other member States in the vrr- ious branches of activity. The Council has issued Dir- ectives requiring the removal of discriminatory meas- ures for a number of activities and the Commission has submitted draft directives for others. 6.4 In the Reyners case the Court ruled than since the end of the transition? 1 period Article 52 of the EEC Treaty is directly applicable in all the member States despite the absence of Council Directives for any par- ticular activity. The main consequences of the Court's ruling are that (a) restrictions imposed on the basis of nation?lity may no longer be maintained in any member State against nationals of any other member State even if national legislation provides otherwise. Articles 52 of the EEC Treaty