THE PLAINTIFF OBSERVES THAT THE REFERENCE IN ARTICLE 52 OF THE EEC TREATY TO THE PURSUIT OF AN ACTIVITY AS A SELF-EMPLOYED PERSON MUST BE GIVEN A BROAD INTERPRETATION AND THAT THE RENTING OF THE PREMISES WHICH THE CITY OF BIARRITZ HAS SET ASIDE FOR USE BY CRAFTSMEN MAY BE REGARDED AS NECESSARY TO ENABLE HIM TO PURSUE HIS OCCUPATION AS AN ARTIST . IT FOLLOWS , IN HIS VIEW , THAT THE REFUSAL TO ALLOW HIM TO PARTICIPATE IN THE TENDERING PROCEDURE ON GROUNDS OF NATIONALITY , UNDER ARTICLE 3 OF THE CONDITIONS OF TENDER ISSUED BY THE CITY OF BIARRITZ , HINDERS HIM IN THE PURSUIT OF HIS OCCUPATION AND CONSTITUTES A DISCRIMINATORY PRACTICE WHICH IS INCOMPATIBLE WITH ARTICLE 52 OF THE EEC TREATY , A PROVISION WHICH IS DIRECTLY APPLICABLE .
10 THE COMMISSION IS ALSO IN FAVOUR OF A BROAD INTERPRETATION OF ARTICLE 52 OF THE TREATY . IT EMPHASIZES THAT ARTICLE 52 , WHICH IS DIRECTLY APPLICABLE , CONSTITUTES A SPECIFIC APPLICATION OF THE GENERAL PRINCIPLE THAT THERE MUST BE NO DISCRIMINATION ON GROUNDS OF NATIONALITY , EMBODIED IN ARTICLE 7 OF THE EEC TREATY , AND PROHIBITS ANY DISCRIMINATION BETWEEN A MEMBER STATE ' S OWN NATIONALS AND THOSE OF OTHER MEMBER STATES . IT THEREFORE REQUIRES THE ABOLITION OF PROVISIONS AND PRACTICES WHICH PROHIBIT OR HINDER NOT ONLY THE RIGHT TO TAKE UP , BUT ALSO THE PURSUIT OF , AN ACTIVITY AS A SELF-EMPLOYED PERSON WITHIN THE COMMUNITY .
11 THE COMMISSION CONSIDERS THAT THE LATTER REQUIREMENT IS APPARENT BOTH FROM THE WORDING OF ARTICLE 52 OF THE TREATY AND FROM THE GENERAL PROGRAMME FOR THE ABOLITION OF RESTRICTIONS ON FREEDOM OF ESTABLISHMENT ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION IX , RESOLUTIONS OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE MEMBER STATES , P . 7 , TITLE III : RESTRICTIONS , SECTION A ), WHICH LISTS AMONGST THE EXAMPLES OF RESTRICTIONS TO BE ABOLISHED THOSE CONCERNING THE RIGHT TO ENTER INTO CONTRACTS , THE RIGHT TO SUBMIT TENDERS FOR CONTRACTS WITH THE STATE OR WITH ANY OTHER LEGAL PERSON GOVERNED BY PUBLIC LAW , THE RIGHT TO OBTAIN LICENCES OR AUTHORIZATIONS ISSUED BY THE STATE AND THE RIGHT TO ACQUIRE , USE OR DISPOSE OF MOVABLE OR IMMOVABLE PROPERTY OR RIGHTS THEREIN .
12 FINALLY , THE COMMISSION CONSIDERS THAT THE PROHIBITIONS LAID DOWN BY ARTICLE 52 OF THE TREATY APPLY NOT ONLY TO THE RULES LAID DOWN BY THE CENTRAL AUTHORITIES OF EACH MEMBER STATE OR BY PROFESSIONAL OR TRADE ASSOCIATIONS , AS IS ALREADY APPARENT FROM THE CASE-LAW OF THE COURT , BUT ALSO TO THE REGULATIONS AND ADMINISTRATIVE PRACTICES OF THE LOCAL AUTHORITIES OF THE MEMBER STATES .
13 IT FOLLOWS , IN THE COMMISSION ' S VIEW , THAT THE DECISION REFUSING , ON GROUNDS OF NATIONALITY , TO ALLOW THE PLAINTIFF TO PARTICIPATE IN THE CONTESTED TENDERING PROCEDURE ORGANIZED BY THE CITY OF BIARRITZ IS BASED ON A PROVISION WHICH IS INCOMPATIBLE WITH THE