TO BE ACHIEVED UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT LEAVES TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS .
23 IT FOLLOWS FROM THAT PROVISION THAT THE IMPLEMENTATION OF A DIRECTIVE DOES NOT NECESSARILY REQUIRE LEGISLATIVE ACTION IN EACH MEMBER STATE . IN PARTICULAR THE EXISTENCE OF GENERAL PRINCIPLES OF CONSTITUTIONAL OR ADMINISTRATIVE LAW MAY RENDER IMPLEMENTATION BY SPECIFIC LEGISLATION SUPERFLUOUS , PROVIDED HOWEVER THAT THOSE PRINCIPLES GUARANTEE THAT THE NATIONAL AUTHORITIES WILL IN FACT APPLY THE DIRECTIVE FULLY AND THAT , WHERE THE DIRECTIVE IS INTENDED TO CREATE RIGHTS FOR INDIVIDUALS , THE LEGAL POSITION ARISING FROM THOSE PRINCIPLES IS SUFFICIENTLY PRECISE AND CLEAR AND THE PERSONS CONCERNED ARE MADE FULLY AWARE OF THEIR RIGHTS AND , WHERE APPROPRIATE , AFFORDED THE POSSIBILITY OF RELYING ON THEM BEFORE THE NATIONAL COURTS . THAT LAST CONDITION IS OF PARTICULAR IMPORTANCE WHERE THE DIRECTIVE IN QUESTION IS INTENDED TO ACCORD RIGHTS TO NATIONALS OF OTHER MEMBER STATES BECAUSE THOSE NATIONALS ARE NOT NORMALLY AWARE OF SUCH PRINCIPLES .
24 IN THE LIGHT OF THE FOREGOING IT IS THEREFORE NECESSARY TO CONSIDER WHETHER THE LEGAL ANALYSIS RELIED ON BY THE GERMAN GOVERNMENT SATISFIES THOSE CONDITIONS . IN THAT RESPECT THE TWO DIRECTIVES MUST BE TREATED SEPARATELY .
DIRECTIVE NO 77/452
25 THE ARGUMENT BETWEEN THE PARTIES IN RELATION TO DIRECTIVE NO 77/452 WAS CONCENTRATED ON THE RECOGNITION OF DIPLOMAS FROM OTHER MEMBER STATES OBTAINED BY NATIONALS OF THOSE STATES .
26 THE GERMAN GOVERNMENT CONTENDS THAT SUCH RECOGNITION IS ALREADY GUARANTEED UNDER ARTICLE 2 OF THE KRANKENPFLEGEGESETZ ( LAW ON HEALTH CARE ), AS PROMULGATED ON 20 SEPTEMBER 1965 ( BUNDESGESETZBLATT I , P . 443 ). THAT PROVISION ACCORDS PERSONS WHO HAVE COMPLETED THE TRAINING PROVIDED FOR BY THAT LAW AND HAVE PASSED THE PRESCRIBED EXAMINATION A RIGHT TO BE AUTHORIZED TO PURSUE THE ACTIVITIES IN QUESTION . IT ALSO ACCORDS THE SAME RIGHT TO GERMAN NATIONALS AND STATELESS PERSONS WHO HAVE UNDERGONE A COMPLETE COURSE OF TRAINING IN ANOTHER COUNTRY , PROVIDED THAT THE TRAINING IS OF AN EQUIVALENT LEVEL . FINALLY IT IS PROVIDED THAT ' THE AUTHORIZATION MAY BE GRANTED TO OTHER PERSONS IF THOSE CONDITIONS ARE SATISFIED ' .
27 ACCORDING TO THE GERMAN GOVERNMENT , IT WOULD BE CONTRARY TO THE GENERAL PRINCIPLE OF EQUAL TREATMENT , ENSHRINED IN THE GERMAN CONSTITUTION , TO REFUSE TO RECOGNIZE FOREIGN TRAINING , UNLESS SUCH A REFUSAL WERE JUSTIFIED ON OBJECTIVE GROUNDS . IN RELATION TO THE TRAINING REFERRED TO IN THE TWO DIRECTIVES THERE COULD BE NO SUCH GROUNDS BECAUSE THE MERE FACT THAT GERMANY HAD ASSENTED TO THOSE DIRECTIVES WITHIN THE COUNCIL SHOWED THAT IT RECOGNIZED THE EQUIVALENCE OF SUCH TRAINING . SINCE THEREFORE THE ADMINISTRATION IS UNDER AN OBLIGATION TO ACCEPT THAT EQUIVALENCE FOR GERMAN NATIONALS , IT WOULD BE CONTRARY TO THE COMMUNITY PRINCIPLE OF NON-DISCRIMINATION ON THE GROUND OF NATIONALITY , WHICH IS DIRECTLY APPLICABLE IN GERMAN LAW , TO DENY SIMILAR TREATMENT TO NATIONALS OF OTHER