IS SUPPORTED BY ARTICLE 16 OF THE PROTOCOL WHICH PROVIDES THAT THE NAMES AND ADDRESSES OF OFFICIALS AND OTHER SERVANTS ARE TO BE COMMUNICATED PERIODICALLY TO THE GOVERNMENTS OF THE MEMBER STATES . THAT IS HOW THE AUTHORITIES OF THE MEMBER STATES IN WHICH THE PLACES OF EMPLOYMENT OF THE INSTITUTIONS ARE SITUATED ARE INFORMED OF THE ADDRESSES OF OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES .
22 ACCORDING TO ARTICLE 5 OF THE EEC TREATY , MEMBER STATES ARE TO TAKE ALL APPROPRIATE MEASURES TO ENSURE FULFILMENT OF THE OBLIGATIONS ARISING OUT OF THE TREATY , TO FACILITATE THE ACHIEVEMENT OF THE COMMUNITY ' S TASKS AND TO ABSTAIN FROM ANY MEASURE WHICH COULD JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY . IT FOLLOWS FROM THAT OBLIGATION THAT THE MEMBER STATES MUST REFRAIN FROM ADOPTING ANY MEASURE WHICH IS INCOMPATIBLE WITH THE PROVISIONS OF COMMUNITY LAW AND , CONSEQUENTLY , ANY MEASURE WHICH , CONTRARY TO ARTICLE 12 ( B ) OF THE PROTOCOL , WOULD HAVE THE EFFECT OF COMPELLING OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY , WHETHER DIRECTLY OR INDIRECTLY , TO APPLY FOR REGISTRATION IN THE POPULATION REGISTERS . AN INDIRECT CONSTRAINT OF THAT KIND IS OPERATIVE IN PARTICULAR WHERE A MEMBER STATE ATTACHES UNFAVOURABLE CONSEQUENCES TO NON-REGISTRATION BY OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES .
23 IN THIS CASE , THE TWO CATEGORIES OF MUNICIPAL BY-LAWS IN QUESTION HAD THE EFFECT OF SUBJECTING OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES RESIDING WITHIN THE TERRITORY OF THE MUNICIPALITIES CONCERNED TO AN INDIRECT CONSTRAINT TO REGISTER IN THE POPULATION REGISTERS . THOSE BY-LAWS ARE THEREFORE CONTRARY TO ARTICLE 5 OF THE TREATY IN CONJUNCTION WITH ARTICLE 12 ( B ) OF THE PROTOCOL .
24 THAT FINDING IS NOT ALTERED BY THE FACT THAT THE OFFICIALS AND OTHER SERVANTS AFFECTED BY THE MUNICIPAL BY-LAWS MAY AVAIL THEMSELVES , IN ORDER TO CHALLENGE THEIR TAX DEMANDS , OF THE JUDICIAL MEANS OF REDRESS AVAILABLE TO TAXPAYERS UNDER BELGIAN LAW . AS THE COURT HELD IN ITS JUDGMENT OF 17 FEBRUARY 1970 IN CASE 31/69 ( COMMISSION V ITALY ( 1970 ) ECR 25 ), THE EXISTENCE OF REMEDIES AVAILABLE THROUGH THE NATIONAL COURTS CANNOT IN ANY WAY PREJUDICE THE MAKING OF THE APPLICATION REFERRED TO IN ARTICLE 169 SINCE THE TWO PROCEDURES HAVE DIFFERENT OBJECTIVES AND EFFECTS .
25 THERE REMAINS TO BE CONSIDERED THE COMMISSION ' S COMPLAINT THAT THE MUNICIPAL BY-LAWS IN QUESTION LEAD TO DISCRIMINATION ON GROUNDS OF NATIONALITY AND ARE THEREFORE CONTRARY TO ARTICLE 7 OF THE TREATY .
26 IT MUST BE POINTED OUT THAT SUCH DISCRIMINATION DOES NOT NECESSARILY FOLLOW FROM THE FINDINGS ALREADY MADE BY THE COURT . A DIRECT OR INDIRECT OBLIGATION TO REGISTER IN THE POPULATION REGISTERS CAN APPLY ONLY TO OFFICIALS AND OTHER SERVANTS WHO ARE NOT SO REGISTERED FOR WHATEVER REASON . THE COMMISSION HAS FAILED TO ESTABLISH THAT THE DISTINCTION BETWEEN OFFICIALS WHO ARE REGISTERED AND THOSE WHO ARE NOT CONSTITUTES DISCRIMINATION