THE PROFESSION OF AVOCAT WHICH ARE NOT APPLICABLE TO BELGIAN NATIONALS .
10 IN THIS RESPECT ( HE SUBMITS ) ARTICLE 52 IS A CLEAR AND COMPLETE PROVISION, CAPABLE OF PRODUCING A DIRECT EFFECT .
11 THE GERMAN GOVERNMENT, SUPPORTED IN SUBSTANCE BY THE DUTCH GOVERNMENT AND CITING THE JUDGMENT GIVEN BY THIS COURT ON 16 JUNE 1966 IN CASE 57/65, LUETTICKE ( REC . 1966, P . 293 ), CONSIDERS THAT THE PROVISIONS WHICH IMPOSE ON MEMBER STATES AN OBLIGATION WHICH THEY HAVE TO FULFIL WITHIN A PARTICULAR PERIOD, BECOME DIRECTLY APPLICABLE WHEN, ON THE EXPIRATION OF THIS PERIOD, THE OBLIGATION HAS NOT BEEN FULFILLED .
12 AT THE END OF THE TRANSITIONAL PERIOD, THE MEMBER STATES NO LONGER HAVE THE POSSIBILITY OF MAINTAINING RESTRICTIONS ON THE FREEDOM OF ESTABLISHMENT, SINCE ARTICLE 52 HAS, AS FROM THIS PERIOD, THE CHARACTER OF A PROVISION WHICH IS COMPLETE IN ITSELF AND LEGALLY PERFECT .
13 IN THESE CIRCUMSTANCES THE 'GENERAL PROGRAMME' AND THE DIRECTIVES PROVIDED FOR BY ARTICLE 54 WERE OF SIGNIFICANCE ONLY DURING THE TRANSITIONAL PERIOD, SINCE THE FREEDOM OF ESTABLISHMENT WAS FULLY ATTAINED AT THE END OF IT .
14 THE COMMISSION, IN SPITE OF DOUBTS WHICH IT EXPERIENCES ON THE SUBJECT OF THE DIRECT EFFECT OF THE PROVISION TO BE INTERPRETED - BOTH IN VIEW OF THE REFERENCE BY THE TREATY TO THE 'GENERAL PROGRAMME' AND TO THE IMPLEMENTING DIRECTIVES AND BY REASON OF THE TENOR OF CERTAIN LIBERALIZING DIRECTIVES ALREADY TAKEN, WHICH DO NOT ATTAIN IN EVERY RESPECT PERFECT EQUALITY OF TREATMENT - CONSIDERS, HOWEVER, THAT ARTICLE 52 HAS AT LEAST A PARTIAL DIRECT EFFECT IN SO FAR AS IT SPECIFICALLY PROHIBITS DISCRIMINATION ON GROUNDS OF NATIONALITY .
15 ARTICLE 7 OF THE TREATY, WHICH FORMS PART OF THE 'PRINCIPLES' OF THE COMMUNITY, PROVIDES THAT WITHIN THE SCOPE OF APPLICATION OF THE TREATY AND WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS CONTAINED THEREIN, 'ANY DISCRIMINATION ON GROUNDS OF NATIONALITY SHALL BE PROHIBITED '.
16 ARTICLE 52 PROVIDES FOR THE IMPLEMENTATION OF THIS GENERAL PROVISION IN THE SPECIAL SPHERE OF THE RIGHT OF ESTABLISHMENT .
17 THE WORDS 'WITHIN THE FRAMEWORK OF THE PROVISIONS SET OUT BELOW' REFER TO THE CHAPTER RELATING TO THE RIGHT OF ESTABLISHMENT TAKEN AS A WHOLE AND REQUIRE, IN CONSEQUENCE, TO BE INTERPRETED IN THIS GENERAL CONTEXT .
18 AFTER HAVING STATED THAT 'RESTRICTIONS ON THE FREEDOM OF ESTABLISHMENT OF NATIONALS OF A MEMBER STATE IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL BE ABOLISHED BY PROGRESSIVE STAGES IN THE COURSE OF THE TRANSITIONAL PERIOD', ARTICLE 52 EXPRESSES THE GUIDING PRINCIPLE IN THE MATTER BY PROVIDING THAT FREEDOM OF ESTABLISHMENT SHALL INCLUDE THE RIGHT TO TAKE UP AND PURSUE ACTIVITIES AS SELF-EMPLOYED PERSONS 'UNDER THE CONDITIONS LAID DOWN FOR ITS OWN NATIONALS BY THE LAW OF THE COUNTRY WHERE SUCH ESTABLISHMENT IS EFFECTED '.
19 FOR THE PURPOSE OF ACHIEVING THIS OBJECTIVE BY PROGRESSIVE STAGES DURING THE TRANSITIONAL PERIOD ARTICLE 54 PROVIDES FOR THE DRAWING UP BY THE COUNCIL OF A 'GENERAL PROGRAMME' AND,