TO ENABLE THE PROVIDER OF THE SERVICE TO PURSUE HIS ACTIVITIES IN THE MEMBER STATE WHERE THE SERVICE IS GIVEN WITHOUT SUFFERING DISCRIMINATION IN FAVOUR OF THE NATIONALS OF THAT STATE . AS THE COURT MADE CLEAR IN ITS JUDGMENT OF 17 DECEMBER 1981 IN WEBB, CITED ABOVE, THAT DOES NOT MEAN THAT ALL NATIONAL LEGISLATION APPLICABLE TO NATIONALS OF THAT STATE AND USUALLY APPLIED TO THE PERMANENT ACTIVITIES OF PERSONS ESTABLISHED THEREIN MAY BE SIMILARLY APPLIED IN ITS ENTIRETY TO THE TEMPORARY ACTIVITIES OF PERSONS WHO ARE ESTABLISHED IN OTHER MEMBER STATES .
41 THE RULE OF TERRITORIAL EXCLUSIVITY CONTAINED IN PARAGRAPH 52 ( 2 ) OF THE BUNDESRECHTSANWALTORDNUNG IS PRECISELY PART OF NATIONAL LEGISLATION NORMALLY RELATING TO A PERMANENT ACTIVITY OF LAWYERS ESTABLISHED IN THE TERRITORY OF THE MEMBER STATE CONCERNED, ALL SUCH LAWYERS HAVING THE RIGHT TO GAIN ADMISSION TO PRACTISE BEFORE ONE, AND SOMETIMES TWO, GERMAN JUDICIAL AUTHORITIES, AND TO PURSUE BEFORE THEM ALL THE ACTIVITIES NECESSARY FOR REPRESENTATION OF CLIENTS OR THE DEFENCE OF THEIR INTERESTS . ON THE OTHER HAND, A LAWYER PROVIDING SERVICES WHO IS ESTABLISHED IN ANOTHER MEMBER STATE IS NOT IN A POSITION TO BE ADMITTED TO PRACTISE BEFORE A GERMAN COURT .
42 IN THOSE CIRCUMSTANCES, IT MUST BE STATED THAT THE RULE OF TERRITORIAL EXCLUSIVITY CANNOT BE APPLIED TO ACTIVITIES OF A TEMPORARY NATURE PURSUED BY LAWYERS ESTABLISHED IN OTHER MEMBER STATES, SINCE THE CONDITIONS OF LAW AND FACT WHICH APPLY TO THOSE LAWYERS ARE NOT IN THAT RESPECT COMPARABLE TO THOSE APPLICABLE TO LAWYERS ESTABLISHED ON GERMAN TERRITORY .
43 HOWEVER, THIS FINDING ONLY APPLIES SUBJECT TO THE OBLIGATION OF THE LAWYER PROVIDING SERVICES TO WORK IN CONJUNCTION, WITHIN THE LIMITS AND ON THE CONDITIONS DESCRIBED ABOVE, WITH A LAWYER ADMITTED TO PRACTISE BEFORE THE JUDICIAL AUTHORITY IN QUESTION .
44 AS REGARDS THE GERMAN GOVERNMENT' S ARGUMENT CONCERNING THE SPECIAL SITUATION WHICH ARISES IN CONNECTION WITH APPEALS ON POINTS OF LAW TO THE BUNDESGERICHTSHOF, IT MUST BE OBSERVED THAT THAT SITUATION IS NOT A RESULT OF THE RULE OF TERRITORIAL EXCLUSIVITY AS NORMALLY APPLIED TO GERMAN LAWYERS . NO GERMAN LAWYER CAN BE ESTABLISHED ON GERMAN TERRITORY WITHOUT BEING ADMITTED TO PRACTISE BEFORE A GERMAN COURT, SUCH ADMISSION BEING GRANTED AS OF RIGHT AND WITHOUT LIMITATION AS TO NUMBER, WHEREAS ADMISSION TO PRACTISE BEFORE THE BUNDESGERICHTSHOF IS GRANTED ON THE BASIS OF SELECTIVE ADMISSION TO A SPECIALIZED GROUP OF LAWYERS WHO HAVE SPECIAL EXPERIENCE OR COMPETENCE . MOREOVER, THE COMMISSION ACKNOWLEDGED, AT THE HEARING, THAT ITS ARGUMENTS IN SUPPORT OF ITS COMPLAINTS CANNOT APPLY TO THE SPECIAL CASE OF SPECIALIZED BARS SUCH AS THAT AT THE BUNDESGERICHTSHOF .
45 SUBJECT TO THE FOREGOING CLARIFICATION, THE COMMISSSION' S COMPLAINTS MUST, IN THE LIGHT OF THE FOREGOING CONSIDERATIONS, BE UPHELD .
46 ACCORDINGLY, IT MUST BE STATED THAT THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY AND COUNCIL DIRECTIVE 77/249 TO FACILITATE THE EFFECTIVE EXERCISE BY LAWYERS