THE NATIONAL COURT WITH ALL THOSE CRITERIA FOR THE INTERPRETATION OF COMMUNITY LAW WHICH MAY ENABLE IT TO JUDGE THE ISSUE OF SUCH COMPATIBILITY . IT MAY ALSO DEDUCE FROM THE TERMS OF THE QUESTIONS FORMULATED BY THE NATIONAL COURT THE FACTORS RELEVANT TO THE INTERPRETATION OF COMMUNITY LAW .
9 IT IS CLEAR FROM CONSIDERATION OF THE QUESTIONS REFERRED TO THE COURT THAT THE VICEPRETORE SEEKS ESSENTIALLY TO ASCERTAIN WHETHER ARTICLE 48 ( 3 ) ( B ) OF THE EEC TREATY , WHICH LAYS DOWN THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS , AND THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION ALSO APPLY WITHIN A MEMBER STATE AND WHETHER THAT ARTICLE OR ANY OTHER PROVISION OF COMMUNITY LAW PRECLUDES THE APPLICATION OF NATIONAL PROVISIONS PERMITTING THE USE OF CERTAIN MEANS OF PUBLIC TRANSPORT TO BE MADE SUBJECT TO CERTAIN CONDITIONS .
10 THE PLAINTIFF IN THE MAIN PROCEEDINGS CLAIMS THAT THE PRINCIPLE OF FREEDOM OF MOVEMENT MUST BE APPLIED WITHOUT RESTRICTION WITHIN EACH MEMBER STATE .
11 ACCORDING TO THE ITALIAN GOVERNMENT , NEITHER ARTICLE 48 ( 3 ) ( B ) OF THE EEC TREATY NOR ANY OTHER RULE OF COMMUNITY LAW PRECLUDE THE REGULATION OF THE USE OF MEANS OF PUBLIC TRANSPORT . THE RESTRICTIONS WHICH SUCH REGULATION IMPLIES ARE OF A GENERAL NATURE AND DO NOT BREACH THE PRINCIPLE OF NON-DISCRIMINATION ON GROUNDS OF NATIONALITY .
12 THE COMMISSION STATES THAT ARTICLE 48 ( 3 ) ( B ) DOES NOT PRECLUDE THE APPLICATION OF RULES RESTRICTING ACCESS TO CERTAIN TRAINS ON CONDITION THAT THOSE RESTRICTIONS DO NOT DISCRIMINATE BETWEEN PASSENGERS ON THE BASIS OF THEIR NATIONALITY .
13 THE REPLY TO THE QUESTIONS DEPENDS ON THE SCOPE OF THE COMMUNITY PROVISIONS CONCERNING FREEDOM OF MOVEMENT FOR WORKERS , NAMELY ARTICLE 48 OF THE TREATY AND THE MEASURES ADOPTED UNDER IT , IN PARTICULAR REGULATION ( EEC ) NO 1612/68 OF THE COUNCIL OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 475 ) AND COUNCIL DIRECTIVE 68/360/EEC OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( II ), P . 485 ). AS THE COURT HELD IN ITS JUDGMENT OF 27 OCTOBER 1982 ( JOINED CASES 35 AND 36/82 MORSON AND ANOTHER V STATE OF THE NETHERLANDS ( 1982 ) ECR 3723 ) THE PURPOSE OF THOSE PROVISIONS IS TO ASSIST IN THE ABOLITION OF ALL OBSTACLES TO THE ESTABLISHMENT OF A COMMON MARKET IN WHICH THE NATIONALS OF THE MEMBER STATES MAY MOVE FREELY WITHIN THE TERRITORY OF THOSE STATES IN ORDER TO PURSUE THEIR ECONOMIC ACTIVITIES . ARTICLE 48 AND THE MEASURES ADOPTED FOR ITS IMPLEMENTATION SERVE TO GIVE EFFECT TO THE PRINCIPLE OF NON-DISCRIMINATION LAID DOWN IN ARTICLE 7 OF THE EEC TREATY AND ARE THUS INTENDED TO GIVE WORKERS