WOULD PRESUPPOSE A COORDINATION OF NATIONAL LEGISLATION AS LAID DOWN IN REGULATION NO 1612/68 WITH RESPECT TO EMPLOYED PERSONS .
11 AT THE HEARING THE ITALIAN GOVERNMENT ACKNOWLEDGED, HOWEVER, THAT THE NATIONALITY CONDITION IN QUESTION COULD BE REGARDED AS CONTRARY TO ARTICLE 52 OF THE TREATY AS REGARDS THE RIGHT OF ESTABLISHMENT IN RESPECT OF A MAIN ACTIVITY . ON THE OTHER HAND, AS REGARDS THE "SECONDARY" RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES THE ITALIAN GOVERNMENT MAINTAINS THAT THE EXERCISE OF THOSE RIGHTS DOES NOT IMPLY THE PERMANENT PRESENCE OF THE PERSON CONCERNED IN THE PLACE WHERE THE OCCUPATION IS PURSUED . IT CANNOT THEREFORE BE THE CASE THAT THE COMMUNITY RULES ON NON-DISCRIMINATION APPLY TO THE ACCESS OF SUCH PERSONS TO SOCIAL HOUSING . FURTHERMORE, THOSE PERSONS CANNOT SATISFY THE OTHER CONDITIONS LAID DOWN BY THE LEGISLATION IN QUESTION WHICH ARE NOT DISCRIMINATORY AND ARE LINKED TO THE SOCIAL OBJECTIVES OF THAT LEGISLATION .
12 IN RESPONSE TO THOSE ARGUMENTS IT SHOULD BE POINTED OUT THAT ARTICLES 52 AND 59 OF THE TREATY ARE ESSENTIALLY INTENDED TO GIVE EFFECT, IN THE FIELD OF ACTIVITIES AS SELF-EMPLOYED PERSONS, TO THE PRINCIPLE OF EQUAL TREATMENT ENSHRINED IN ARTICLE 7 ACCORDING TO WHICH "WITHIN THE SCOPE OF APPLICATION OF THIS TREATY, AND WITHOUT PREJUDICE TO ANY SPECIAL PROVISIONS CONTAINED THEREIN, ANY DISCRIMINATION ON GROUNDS OF NATIONALITY SHALL BE PROHIBITED ".
13 THOSE TWO ARTICLES ARE THUS INTENDED TO SECURE THE BENEFIT OF NATIONAL TREATMENT FOR A NATIONAL OF A MEMBER STATE WHO WISHES TO PURSUE AN ACTIVITY AS A SELF-EMPLOYED PERSON IN ANOTHER MEMBER STATE AND THEY PROHIBIT ALL DISCRIMINATION ON GROUNDS OF NATIONALITY RESULTING FROM NATIONAL OR REGIONAL LEGISLATION AND PREVENTING THE TAKING UP OR PURSUIT OF SUCH AN ACTIVITY .
14 AS IS APPARENT FROM THE GENERAL PROGRAMMES WHICH WERE ADOPTED BY THE COUNCIL ON 18 DECEMBER 1961 ( JOURNAL OFFICIEL 1962, PP . 32 AND 36 ) AND WHICH, AS THE COURT HAS POINTED OUT ON NUMEROUS OCCASIONS, PROVIDE USEFUL GUIDANCE WITH A VIEW TO THE IMPLEMENTATION OF THE PROVISIONS OF THE TREATY RELATING TO THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES, THE AFORESAID PROHIBITION IS CONCERNED NOT SOLELY WITH THE SPECIFIC RULES ON THE PURSUIT OF OCCUPATIONAL ACTIVITIES BUT ALSO WITH THE RULES RELATING TO THE VARIOUS GENERAL FACILITIES WHICH ARE OF ASSISTANCE IN THE PURSUIT OF THOSE ACTIVITES . AMONG THE EXAMPLES MENTIONED IN THE TWO PROGRAMMES ARE THE RIGHT TO PURCHASE, EXPLOIT AND TRANSFER REAL AND PERSONAL PROPERTY AND THE RIGHT TO OBTAIN LOANS AND IN PARTICULAR TO HAVE ACCESS TO THE VARIOUS FORMS OF CREDIT .
15 FOR A NATURAL PERSON THE PURSUIT OF AN OCCUPATION DOES NOT PRESUPPOSE SOLELY THE POSSIBILITY OF ACCESS TO PREMISES FROM WHICH THE OCCUPATION CAN BE PURSUED, IF NECESSARY BY BORROWING THE AMOUNT NEEDED TO PURCHASE THEM, BUT ALSO THE POSSIBILITY OF OBTAINING HOUSING . IT FOLLOWS THAT RESTRICTIONS CONTAINED IN THE HOUSING LEGISLATION APPLICABLE TO THE PLACE WHERE THE OCCUPATION IS PURSUED