FOLLOW FROM THIS THAT OTHER CATEGORIES OF ACTS MENTIONED IN THAT ARTICLE CAN NEVER HAVE SIMILAR EFFECTS .
20IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT ATTRIBUTED TO A DIRECTIVE BY ARTICLE 189 TO EXCLUDE , IN PRINCIPLE , THE POSSIBILITY THAT THE OBLIGATION WHICH IT IMPOSES MAY BE INVOKED BY THOSE CONCERNED .
21IN PARTICULAR , WHERE THE COMMUNITY AUTHORITIES HAVE , BY DIRECTIVE , IMPOSED ON MEMBER STATES THE OBLIGATION TO PURSUE A PARTICULAR COURSE OF CONDUCT , THE EFFECTIVENESS OF SUCH AN ACT WOULD BE WEAKENED IF INDIVIDUALS WERE PREVENTED FROM RELYING ON IT BEFORE THEIR NATIONAL COURTS AND IF THE LATTER WERE PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW .
22THEREFORE IT IS TO BE INFERRED THAT EVEN IF NATIONAL LAW DOES NOT CONTAIN ANY PROVISION ANALOGOUS TO ARTICLE 4 OF THE DIRECTIVE , A NATIONAL AUTHORITY CANNOT , SUBJECT TO APPLICATION OF ARTICLE 5 OF THE DIRECTIVE , REQUIRE AN APPLICANT WISHING TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR TO FURNISH PROOF THAT HE SATISFIES THE REQUIREMENTS RELATING TO GOOD REPUTE , IF HE FURNISHES PROOF THAT HE WAS AUTHORIZED TO ENGAGE IN THAT OCCUPATION BEFORE 1 JANUARY 1978 .
QUESTION 5
23HOWEVER , ARTICLE 5 ( 2 ) OF THE DIRECTIVE PROVIDES THAT MEMBER STATES SHALL ENSURE THAT THE COMPETENT AUTHORITIES WITHDRAW THE AUTHORIZATION TO PURSUE THE OCCUPATION OF PASSENGER TRANSPORT OPERATOR IF THEY ESTABLISH THAT THE PROVISIONS OF ARTICLE 2 ( 1 ) ( A ), ( B ) OR ( C ) ARE NO LONGER SATISFIED . IN THAT CASE HOWEVER , THEY ARE TO ALLOW SUFFICIENT TIME FOR A SUBSTITUTE TO BE APPOINTED .
24IF THE AUTHORITIES CONSIDER THAT APPLICANTS DO NOT FULFIL THE REQUIREMENTS RELATING TO GOOD REPUTE , THEY MUST THEREFORE REFUSE THEM RENEWAL OF THEIR TRANSPORT LICENCE , BUT WHEN TRANSPORT OPERATORS COMING WITHIN ARTICLE 4 ( 1 ) OF THE DIRECTIVE ARE THE SUBJECT OF VERIFICATION , THEY CANNOT BE OBLIGED TO FURNISH SPECIAL PROOF .
25THEREFORE THE ANSWER TO QUESTION 5 MUST BE THAT ALTHOUGH PERSONS WHO BEFORE 1 JANUARY 1978 HAD OBTAINED AUTHORIZATION TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR ARE EXEMPT FROM THE REQUIREMENT THEMSELVES TO FURNISH PROOF THAT THEY SATISFY THE REQUIREMENT RELATING TO GOOD REPUTE LAID DOWN IN ARTICLE 2 ( 1 ) ( A ) OF THE DIRECTIVE , THE NATIONAL AUTHORITIES NEVERTHELESS REMAIN COMPETENT TO VERIFY IN EACH CASE THAT THE SAID REQUIREMENT IS FULFILLED .
26THE ANSWERS GIVEN MAKE IT UNNECESSARY TO REPLY TO THE OTHER QUESTIONS .
Decision on costs
COSTS
27THE COSTS INCURRED BY THE DANISH GOVERNMENT , THE ITALIAN GOVERNMENT , THE NETHERLANDS GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
28AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION