A DECISION OF THE NATIONAL COUNCIL OF 16 DECEMBER 1983 ANNULLING , IN ACCORDANCE WITH THE CIRCULAR , A DECISION OF 22 NOVEMBER 1982 OF THE INTER-REGIONAL COUNCIL FOR LATIUM AND MOLISE REFUSING TO REGISTER A DUTCH NATIONAL AS A REGULAR CONTRIBUTOR TO PUBLICATIONS , ON THE GROUND THAT HE DID NOT POSSESS ITALIAN NATIONALITY .
4 IN A TELEX OF 18 JULY 1983 THE ITALIAN GOVERNMENT ALSO SENT TO THE COMMISSION CIRCULARS DATED 2 DECEMBER AND 10 DECEMBER 1982 SENT BY THE PRESIDENZA DEL CONSIGLIO DEI MINISTRI TO THE COMMISSARIO DEL GOVERNO IN THE REGION OF LOMBARDY AND TO ALL THE COMMISSARI DEL GOVERNO IN THE REGIONS RESPECTIVELY . THOSE CIRCULARS STATE THAT IN ACCORDANCE WITH ARTICLE 52 ET SEQ . OF THE TREATY NATIONALS OF MEMBER STATES OF THE COMMUNITY MAY TAKE PART IN COMPETITIONS FOR THE AWARD OF LICENCES TO OPERATE PHARMACIES AND THE CONDITION OF NATIONALITY MAY NO LONGER BE APPLIED TO THEM .
5 THE COMMISSION CONSIDERED THAT THE PROVISIONS IN QUESTION WERE CONTRARY TO ARTICLES 48 , 52 AND 59 OF THE TREATY AND THAT ADMINISTRATIVE CIRCULARS WERE NOT AN ADEQUATE MEANS OF REDRESSING THE SITUATION ; BY A LETTER OF 26 JANUARY 1984 IT THEREFORE ASKED THE ITALIAN GOVERNMENT TO SUBMIT ITS OBSERVATIONS ON THE MATTER WITHIN A PERIOD OF ONE MONTH . NO REPLY WAS RECEIVED TO THAT LETTER , AND ON 20 NOVEMBER 1984 THE COMMISSION ADDRESSED A REASONED OPINION TO THE ITALIAN REPUBLIC . SINCE THE ITALIAN GOVERNMENT HAS NOT RESPONDED TO THE REASONED OPINION , THE COMMISSION HAS BROUGHT THESE PROCEEDINGS .
6 IN SUPPORT OF ITS APPLICATION THE COMMISSION RAISES TWO MAIN ARGUMENTS . FIRST OF ALL , IT POINTS OUT THAT THE COURT HAS REPEATEDLY STATED THAT RECIPROCITY CLAUSES ARE INCOMPATIBLE WITH COMMUNITY LAW ; IN THAT REGARD IT REFERS IN PARTICULAR TO THE JUDGMENT OF 25 OCTOBER 1979 IN CASE 159/78 ( COMMISSION V ITALY ( 1979 ) ECR 3247 ). SECONDLY , IT REFERS TO THE COURT ' S WELL-ESTABLISHED CASE-LAW TO THE EFFECT THAT ADMINISTRATIVE CIRCULARS CANNOT REMEDY THE INCOMPATIBILITY OF NATIONAL LEGISLATIVE PROVISIONS WITH COMMUNITY LAW ; IT IS IMMATERIAL IN THAT REGARD THAT THE RELEVANT COMMUNITY RULES ARE DIRECTLY APPLICABLE AND THAT THE LEGAL SITUATION IS THEREFORE CLEAR .
7 IN ITS DEFENCE THE ITALIAN GOVERNMENT ADMITS THAT THE PROVISIONS IN QUESTION ARE FORMALLY INCOMPATIBLE WITH COMMUNITY LAW . IT ARGUES , HOWEVER , THAT THEY PRESENT NO REAL OBSTACLE TO THE FREE MOVEMENT OF PERSONS AND SERVICES SINCE ARTICLES 48 , 52 AND 59 OF THE TREATY ARE DIRECTLY APPLICABLE IN ITALIAN LAW . THAT DIRECT EFFECT MEANS THAT LEGISLATIVE PROVISIONS WHICH REQUIRE THE POSSESSION OF ITALIAN NATIONALITY OR THE EXISTENCE OF RECIPROCITY MUST BE CONSIDERED TO HAVE BEEN AMENDED IN FAVOUR OF THE NATIONALS OF OTHER MEMBER STATES .
8 THE ITALIAN GOVERNMENT CONCLUDES THAT CIRCULARS OR ADMINISTRATIVE DIRECTIONS THEREFORE SERVE NOT TO AMEND LAWS BUT TO DEFINE THEIR SCOPE , BY MAKING CLEAR THE EFFECT OF COMMUNITY LAW AND