ANOTHER MEMBER STATE ' HE WAS THEREFORE ENTITLED UNDER ARTICLE 11 OF REGULATION NO 1612/68 TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON THROUGHOUT THE TERRITORY OF THE HOST MEMBER STATE .
5 THE REGIERUNGSPRASIDENT DUSSELDORF REFUSED TO GRANT HIM PERMANENT AUTHORIZATION ON THE GROUND THAT UNDER GERMAN LAW SUCH AUTHORIZATION COULD BE GRANTED ONLY IN THE FORM OF A LICENCE TO PRACTISE MEDICINE ( ' APPROBATION ' ). HE POINTED OUT THAT UNDER PARAGRAPH 3 OF THE BUNDESARZTEORDNUNG ( FEDERAL REGULATION ON THE PRACTICE OF MEDICINE ) 1977 ONLY GERMAN NATIONALS , NATIONALS OF OTHER MEMBER STATES OF THE COMMUNITY AND STATELESS PERSONS WERE ENTITLED TO A LICENCE , IF THEY FULFILLED THE CONDITIONS PRESCRIBED ; IN CERTAIN SPECIAL CIRCUMSTANCES , WHICH DID NOT EXIST IN THE CASE IN POINT , A LICENCE MIGHT BE ISSUED TO A NATIONAL OF A NON-MEMBER COUNTRY . HOWEVER , A NATIONAL OF A NON-MEMBER COUNTRY MIGHT PRACTISE MEDICINE ON THE BASIS OF AN AUTHORIZATION ( ' ERLAUBNIS ' ) UNDER PARAGRAPH 10 OF THE BUNDESARZTEORDNUNG . SUCH AN AUTHORIZATION , THE ISSUE OF WHICH WAS WITHIN THE DISCRETION OF THE COMPETENT AUTHORITY , COULD BE GRANTED ONLY FOR A LIMITED PERIOD , NORMALLY FOUR YEARS , AND FOR A SPECIFIC POST OR ACTIVITY .
6 MR GUL THEN APPLIED FOR THE RENEWAL OF HIS AUTHORIZATION FOR A PERIOD OF TWO YEARS , BUT THAT APPLICATION WAS REJECTED BY THE REGIERUNGSPRASIDENT , WHO TOOK THE VIEW THAT THERE WAS NO GROUND FOR GRANTING SUCH A RENEWAL TO A FOREIGN DOCTOR MARRIED TO A COMMUNITY NATIONAL ; IT WAS NOT EXCESSIVE TO REQUIRE HIM TO RETURN TO HIS COUNTRY OF ORIGIN , PARTICULARLY SINCE AN INCREASING NUMBER OF DOCTORS IN GERMANY WERE UNEMPLOYED .
7 MR GUL BROUGHT PROCEEDINGS AGAINST THE REJECTION OF HIS APPLICATION BEFORE THE VERWALTUNGSGERICHT GELSENKIRCHEN , RELYING ON THE RIGHT TO TAKE UP EMPLOYMENT PROVIDED FOR BY THE COMMUNITY LEGISLATION ON FREEDOM OF MOVEMENT AND ON THE PRINCIPLE OF NON-DISCRIMINATION . THAT IS TO SAY , THE PRACTICE OF THE GERMAN AUTHORITIES WAS TO GRANT AUTHORIZATION UNDER ARTICLE 10 OF THE BUNDESARTZTEORDNUNG TO DOCTORS WHO WERE NATIONALS OF A NON-MEMBER COUNTRY MARRIED TO GERMAN NATIONALS , BUT TO REFUSE AUTHORIZATION TO DOCTORS FROM NON-MEMBER COUNTRIES MARRIED TO NATIONALS OF OTHER MEMBER STATES . SUCH A PRACTICE MUST , HE ARGUED , BE REGARDED AS DISCRIMINATORY WITH REGARD TO NATIONALS OF OTHER MEMBER STATES .
8 THE VERWALTUNGSGERICHT CONSIDERED THAT AUTHORIZATION UNDER ARTICLE 10 OF THE BUNDESARZTEORDNUNG COULD NOT BE GRANTED TO THE APPLICANT ON THE BASIS OF NATIONAL LEGISLATION ALONE , AND THAT THE RESULT OF THE PROCEEDINGS THEREFORE DEPENDED ON WHETHER THE APPLICANT WAS ENTITLED TO AUTHORIZATION UNDER COMMUNITY LAW .
9 IN ORDER TO RESOLVE THAT PROBLEM THE VERWALTUNGSGERICHT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) CAN THE RIGHT OF A PERSON WHO IS A NATIONAL OF A NON-MEMBER COUNTRY TO TAKE UP ANY