MEMBER STATES . BY CONSISTENTLY ACTING IN ACCORDANCE WITH THAT INTERPRETATION THE COMPETENT AUTHORITIES HAVE CREATED AN IRREVERSIBLE SITUATION WHEREBY THEY ARE ESTOPPED FROM ABANDONING THEIR ESTABLISHED PRACTICE AND THE DISCRETION WHICH ARTICLE 2 OF THE EXISTING LAW APPEARS TO CONFER ON THEM IS REDUCED TO NIL . THE BENEFICIARIES OF THE DIRECTIVE ARE THUS IN POSSESSION OF A RIGHT WHICH MAY BE ENFORCED IN THE COURTS .
28 THAT ARGUMENT CANNOT BE ACCEPTED . ARTICLE 2 OF THE KRANKENPFLEGEGESETZ EMPOWERS THE COMPETENT GERMAN AUTHORITIES TO ASSESS THE EQUIVALENCE OF TRAINING IN INDIVIDUAL CASES ; IT DOES NOT ACCORD NATIONALS OF OTHER MEMBER STATES THE RIGHT TO PURSUE THE PROFESSION CONCERNED SOLELY ON THE BASIS OF A DIPLOMA OBTAINED IN ONE OF THOSE STATES , EVEN IF THAT DIPLOMA IS LISTED IN ARTICLE 3 OF DIRECTIVE NO 77/452 . IN VIEW OF THE TERMS OF THAT PROVISION , THE LEGAL ANALYSIS RELIED ON BY THE GERMAN GOVERNMENT IS NOT SUCH AS TO CREATE A SITUATION WHICH IS SUFFICIENTLY PRECISE , CLEAR AND TRANSPARENT AS TO ENABLE NATIONALS OF OTHER MEMBER STATES TO DISCOVER THEIR RIGHTS AND TO RELY ON THEM . THAT SITUATION IS NOT ALTERED BY THE MERE FACT THAT THE BODIES DESIGNATED BY THE GERMAN AUTHORITIES FOR THE PURPOSE OF PROVIDING THE PERSONS CONCERNED WITH INFORMATION ON THE HEALTH AND SOCIAL SECURITY LAWS IN ACCORDANCE WITH ARTICLE 15 OF THE DIRECTIVE ARE AWARE OF THE PRACTICE FOLLOWED BY THE GERMAN ADMINISTRATION .
29 MOREOVER , THE GERMAN GOVERNMENT ' S ARGUMENT IS FOUNDED ON THE COMBINED EFFECT OF THE GENERAL PRINCIPLE OF EQUAL TREATMENT , APPLICABLE SOLELY TO GERMAN NATIONALS , AND THE COMMUNITY PRINCIPLE OF NON-DISCRIMINATION ON GROUNDS OF NATIONALITY . AS THE COMMISSION HAS POINTED OUT , THE DIRECT EFFECT OF THAT COMMUNITY PRINCIPLE MAY NOT BE USED IN ORDER TO EVADE THE OBLIGATION TO IMPLEMENT A DIRECTIVE PROVIDING FOR SPECIFIC MEASURES TO FACILITATE AND SECURE THE FULL APPLICATION OF THAT PRINCIPLE IN THE MEMBER STATES .
30 AS REGARDS THE OTHER PROVISIONS OF THE DIRECTIVE , THE GERMAN GOVERNMENT MAINTAINS THAT NO PROVISION OF THE EXISTING LEGISLATION PREVENTS THEIR APPLICATION BY THE COMPETENT AUTHORITIES AND THAT THEY TOO ARE COVERED BY A BINDING ADMINISTRATIVE PRACTICE BASED ON THEIR ACCEPTANCE BY THE FEDERAL REPUBLIC AND THEIR INCORPORATION IN THE BILL ON HEALTH CARE .
31 ON THAT POINT THE COURT ACCEPTS THE COMMISSION ' S ARGUMENT THAT REFERENCE TO PRINCIPLES OF LAW WHICH ARE AS GENERAL AS THOSE RELIED ON BY THE GERMAN GOVERNMENT IS NOT SUFFICIENT TO ESTABLISH THAT NATIONAL LAW FULLY GUARANTEES COMPLIANCE WITH PROVISIONS OF DIRECTIVES WHICH ARE OF SUCH A PRECISE AND DETAILED NATURE .
32 IT MUST THEREFORE BE CONCLUDED THAT THE FEDERAL REPUBLIC OF GERMANY HAS FAILED TO ADOPT , WITHIN THE PRESCRIBED PERIOD , THE MEASURES NEEDED TO INCORPORATE DIRECTIVE NO 77/452 INTO NATIONAL LAW .
DIRECTIVE NO 77/453
33 THE GERMAN GOVERNMENT CONCEDES THAT THE NATIONAL PROVISIONS IN FORCE DO NOT CONTAIN THE SAME REQUIREMENTS WITH REGARD TO