ESTABLISHED FOR PROFESSIONAL PURPOSES WITHIN THE JURISDICTION OF CERTAIN COURTS OR TRIBUNALS CANNOT BE CONSIDERED INCOMPATIBLE WITH THE PROVISIONS OF ARTICLES 59 AND 60, WHERE SUCH REQUIREMENT IS OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE OBSERVANCE OF PROFESSIONAL RULES OF CONDUCT CONNECTED, IN PARTICULAR, WITH THE ADMINISTRATION OF JUSTICE AND WITH RESPECT FOR PROFESSIONAL ETHICS .
Parties
IN CASE 33/74
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE CENTRALE RAAD VAN BEROEP ( NETHERLANDS COURT OF LAST INSTANCE IN SOCIAL SECURITY MATTERS ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
JOHANNES HENRICUS MARIA VAN BINSBERGEN, FITTER, RESIDING AT BEESEL ( NETHERLANDS ),
AND
BESTUUR VAN DE BEDRIJFSVERENIGING VOOR DE METAALNIJVERHEID, ( BOARD OF THE TRADE ASSOCIATION OF THE ENGINEERING INDUSTRY ), REGISTERED AT THE HAGUE,
Subject of the case
ON THE INTERPRETATION OF ARTICLES 59 AND 60 OF THE EEC TREATY RELATING TO FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY,
Grounds
1 BY ORDER OF 18 APRIL 1974, LODGED AT THE REGISTRY OF THE COURT ON 15 MAY, THE CENTRALE RAAD VAN BEROEP PUT TO THE COURT, UNDER ARTICLE 177 OF THE EEC TREATY, QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLES 59 AND 60 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY CONCERNING FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY .
2 THESE QUESTIONS AROSE INCIDENTALLY, DURING THE COURSE OF AN ACTION BEFORE THE SAID COURT, AND ARE CONCERNED WITH THE ADMISSION BEFORE THAT COURT OF THE PERSON WHOM THE APPELLANT IN THE MAIN ACTION CHOSE TO ACT AS HIS LEGAL REPRESENTATIVE .
3 IT APPEARS FROM THE FILE THAT THE APPELLANT HAD ENTRUSTED THE DEFENCE OF HIS INTERESTS TO A LEGAL REPRESENTATIVE OF NETHERLANDS NATIONALITY ENTITLED TO ACT FOR PARTIES BEFORE COURTS AND TRIBUNALS WHERE REPRESENTATION BY AN ADVOCAAT IS NOT OBLIGATORY .
4 SINCE THIS LEGAL REPRESENTATIVE HAD, DURING THE COURSE OF THE PROCEEDINGS, TRANSFERRED HIS RESIDENCE FROM THE NETHERLANDS TO BELGIUM, HIS CAPACITY TO REPRESENT THE PARTY IN QUESTION BEFORE THE CENTRALE RAAD VAN BEROEP WAS CONTESTED ON THE BASIS OF A PROVISION OF NETHERLANDS LAW UNDER WHICH ONLY PERSONS ESTABLISHED IN THE NETHERLANDS MAY ACT AS LEGAL REPRESENTATIVES BEFORE THAT COURT .
5 IN SUPPORT OF HIS CLAIM THE PERSON CONCERNED INVOKED THE PROVISIONS OF THE TREATY RELATING TO FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY, AND THE CENTRALE RAAD VAN BEROEP REFERRED TO THE COURT TWO QUESTIONS RELATING TO THE INTERPRETATION OF ARTICLES 59 AND 60 OF THE TREATY .
THE ACTUAL SCOPE OF ARTICLES 59 AND 60
6 THE COURT IS REQUESTED TO INTERPRET ARTICLES 59 AND 60 IN RELATION TO A PROVISION OF NATIONAL LAW WHEREBY ONLY PERSONS ESTABLISHED IN THE TERRITORY OF THE STATE CONCERNED ARE ENTITLED TO ACT AS LEGAL REPRESENTATIVES BEFORE CERTAIN COURTS OR TRIBUNALS .
7 ARTICLE 59, THE FIRST PARAGRAPH OF WHICH IS THE ONLY PROVISION IN QUESTION IN THIS CONNEXION, PROVIDES THAT : " WITHIN THE FRAMEWORK OF THE PROVISIONS SET OUT BELOW, RESTRICTIONS ON FREEDOM TO