TRAINING AS THE DIRECTIVE . HOWEVER , THE EXISTING RULES ON TRAINING AND EXAMINATION ( ORDER OF 2 AUGUST 1966 : BUNDESGESETZBLATT I , P . 462 ), LAY DOWN ONLY THE MINIMUM REQUIREMENTS AND THEREFORE LEAVE OPEN THE POSSIBILITY OF RAISING THE REQUIREMENTS STIPULATED IN THE TRAINING PROGRAMMES AND EXAMINATION CRITERIA APPLIED IN THE VARIOUS AUTHORIZED NURSING SCHOOLS .
34 ACCORDING TO THE GERMAN GOVERNMENT , THE ADMINISTRATIVE PRACTICE IN THAT RESPECT IS IN CONFORMITY WITH THE EUROPEAN AGREEMENT ON THE INSTRUCTION AND IDUCATION OF NURSES CONCLUDED ON 25 OCTOBER 1967 UNDER THE AEGIS OF THE COUNCIL OF EUROPE ( EUROPEAN TREATY SERIES NO 59 , APRIL 1968 ), THE PROVISIONS OF WHICH ARE ALMOST IDENTICAL TO THOSE OF THE DIRECTIVE . THAT AGREEMENT WAS RATIFIED BY AN ENACTMENT OF 13 JUNE 1972 ( BUNDESGESETZBLATT II , P . 629 ), WHICH , UNDER GERMAN LAW , IS SUFFICIENT TO INCORPORATE THE AGREEMENT INTO NATIONAL LAW .
35 THE GERMAN GOVERNMENT CLAIMS THAT , ON THE BASIS OF THE RULES ON TRAINING AND EXAMINATION AND THE ABOVE-MENTIONED EUROPEAN AGREEMENT , THE HEALTH AUTHORITIES IN THE VARIOUS LANDER HAD , BY THE END OF JUNE 1979 AT THE LATEST , ALREADY INTRODUCED TRAINING PROGRAMMES WHICH SATISFIED THE REQUIREMENTS OF THAT AGREEMENT AND OF DIRECTIVE NO 77/453 . IN SUPPORT OF THAT ASSERTION , THE GERMAN GOVERNMENT SUBMITS THE TRAINING PROGRAMMES OF THE AUTHORIZED SCHOOL IN MUNICH . IT STATES THAT ALL THE SUBJECTS LISTED IN THE ANNEX TO DIRECTIVE NO 77/453 ARE INCLUDED , WITH THE EXCEPTION OF CERTAIN SUBJECTS WHICH DO NOT REQUIRE SEPARATE TRAINING COURSES , BUT WHICH ARE COMPRISED WITHIN OTHER , WIDER HEADINGS .
36 THE GERMAN GOVERNMENT MAINTAINS THAT , FOLLOWING ITS ENDORSEMENT OF DIRECTIVE NO 77/453 , THERE CAN BE NO VALID REASONS FOR ALTERING THAT CONSISTENT ADMINISTRATIVE PRACTICE AND THAT , ACCORDINGLY , AN IRREVERSIBLE SITUATION HAS ARISEN WHEREBY THE COMPETENT AUTHORITIES ARE ESTOPPED FROM ABANDONING THEIR ESTABLISHED PRACTICE AND THE DISCRETION WHICH THE EXISTING GERMAN LEGISLATION CONFERRED ON THEM IS REDUCED TO NIL . THE GERMAN GOVERNMENT THEREFORE CONTENDS THAT EVEN WITHOUT THE ABOVE-MENTIONED EUROPEAN AGREEMENT THE FULL APPLICATION OF THE DIRECTIVE IS GUARANTEED IN THE FEDERAL REPUBLIC OF GERMANY .
37 THE COMMISSION POINTS OUT THAT THE EUROPEAN AGREEMENT DOES NOT CONTAIN ALL THE REQUIREMENTS LAID DOWN IN THE DIRECTIVE AND THAT THE TRAINING PROGRAMME PRESENTED BY WAY OF EXAMPLE , WHICH OMITS SOME OF THE SUBJECTS LISTED IN THE ANNEX TO DIRECTIVE NO 77/453 , CONFIRMS ITS DOUBTS AS TO WHETHER THE DIRECTIVE IS IN FACT BEING APPLIED .
38 ON THAT POINT TOO THE COURT IS UNABLE TO ACCEPT THE GERMAN GOVERNMENT ' S ARGUMENT . IN THE CIRCUMSTANCES DESCRIBED ABOVE THE INCORPORATION OF THE EUROPEAN AGREEMENT INTO NATIONAL LAW CANNOT REPLACE THE PROPER IMPLEMENTATION OF THE COMMUNITY DIRECTIVE . THE EXISTING FEDERAL LEGISLATION IS NOT IN CONFORMITY WITH THAT DIRECTIVE AND IT IS CLEAR FROM THE ARGUMENT BEFORE THE COURT THAT THAT LACUNA HAS NOT BEEN REMEDIED BY