APTITUDE LAID DOWN BY NATIONAL LEGISLATION AS REGARDS THE CARRIAGE OF GOODS ABROAD AND INLAND AND IF , PURSUANT TO THE NATIONAL LICENSING SYSTEM FOR THE CARRIAGE OF GOODS INLAND , THEY POSSESS LOAD CAPACITY WHICH HAS BEEN APPROVED AS BEING PERFECTLY SATISFACTORY?
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14 THE ANSWER TO THIS QUESTION MUST BE OBTAINED BY REFERENCE TO THE PURPOSE AND STRUCTURE OF THE DIRECTIVE OF 23 JULY 1962 .
15 BY VIRTUE OF ARTICLE 1 OF THE DIRECTIVE THE MEMBER STATES ARE REQUIRED TO LIBERALIZE THE TYPES OF INTERNATIONAL CARRIAGE OF GOODS BY ROAD FOR HIRE OR REWARD INVOLVING OTHER MEMBER STATES LISTED IN ANNEXES I AND II TO THE DIRECTIVE , BY THE END OF 1962 AT THE LATEST . ACCORDING TO PARAGRAPH ( 3 ) THEREOF ' ' THE TYPES OF CARRIAGE LISTED IN ANNEX II SHALL NO LONGER BE SUBJECT TO A QUOTA SYSTEM . THEY MAY , HOWEVER , REMAIN SUBJECT TO AUTHORIZATION PROVIDED NO QUANTITATIVE RESTRICTION IS INVOLVED ; IN SUCH CASE MEMBER STATES SHALL ENSURE THAT DECISIONS ON APPLICATIONS FOR AUTHORIZATIONS ARE GIVEN WITHIN FIVE DAYS OF RECEIPT ' ' .
16 ARTICLE 3 PROVIDES AS FOLLOWS . ' ' THIS DIRECTIVE SHALL NOT AFFECT THE CONDITIONS UNDER WHICH ANY MEMBER STATE AUTHORIZES ITS OWN NATIONALS TO ENGAGE IN THE ACTIVITIES MENTIONED IN THIS DIRECTIVE . ' ' AS THE COMMISSION HAS RIGHTLY STATED IN THE COURSE OF THE PROCEEDINGS , THAT PROVISION MUST BE TAKEN TO RELATE TO THE AUTHORIZATION ACCORDED BY EACH MEMBER STATE TO UNDERTAKINGS ESTABLISHED IN ITS TERRITORY TO ENGAGE IN THE ACTIVITIES MENTIONED IN THE DIRECTIVE , REGARDLESS OF THE NATIONALITY OF THE PERSONS CONCERNED .
17 THE COMMISSION SUPPORTS THE VIEW TAKEN BY THE PLAINTIFF IN THE MAIN PROCEEDINGS AND CONSIDERS THAT THE REQUIREMENT LAID DOWN IN ARTICLE 1 ( 3 ) THAT ALL QUOTAS MUST BE ABOLISHED MAY BE RELIED UPON BY ALL TRANSPORT UNDERTAKINGS IN THE COMMUNITY WITHOUT DISTINCTION AND THAT , CONSEQUENTLY , THE ' ' CONDITIONS ' ' REFERRED TO IN ARTICLE 3 OF THE DIRECTIVE RELATE SOLELY TO CONDITIONS OF QUALITY AND NOT TO CONDITIONS OF QUANTITY OF THE TYPE EXISTING IN THE NETHERLANDS LEGISLATION .
18 THE GOVERNMENTS OF THE FEDERAL REPUBLIC OF GERMANY , THE FRENCH REPUBLIC AND THE KINGDOM OF THE NETHERLANDS , ON THE OTHER HAND CONSIDER THAT THE WORD ' ' CONDITIONS ' ' IN ARTICLE 3 IS USED IN A GENERAL SENSE AND THEREFORE INCLUDES CONDITIONS RELATING TO RESTRICTIONS ON TRANSPORT CAPACITY , SUCH AS ARE FOUND NOT ONLY IN THE NETHERLANDS LEGISLATION BUT ALSO IN THE LEGISLATION OF THE OTHER MEMBER STATES .
19 IN VIEW OF THOSE DIFFERENT INTERPRETATIONS IT IS APPROPRIATE TO STATE IN THE FIRST PLACE THAT THE DIRECTIVE OF 23 JULY 1962 IS A FIRST MEASURE DESIGNED TO ESTABLISH CERTAIN COMMON RULES FOR INTERNATIONAL TRANSPORT AND THAT , ACCORDING TO THE SECOND RECITAL IN THE PREAMBLE THERETO , IT WAS ADOPTED WITH A VIEW TO THE ' ' PROGRESSIVE EXPANSION ' '