DAY PER GROUP CONSISTING OF THE SAME PERSONS";
( II ) TO SET UP PRIVATE VOCATIONAL TRAINING SCHOOLS, THAT IS TO SAY SCHOOLS WHICH DO NOT EXHIBIT THE CHARACTERISTICS OF "FRONTISTIRIA" AND WHICH PROVIDE VOCATIONAL TRAINING OF WHATEVER KIND;
( III ) TO GIVE PRIVATE LESSONS AT HOME;
( IV ) TO OCCUPY THE POSTS OF DIRECTOR AND TEACHER IN "FRONTISTIRIA" AND PRIVATE VOCATIONAL TRAINING SCHOOLS, WITH THE EXCEPTION, HOWEVER, THAT A QUOTA OF NON-GREEK NATIONALS MAY TEACH IN "FRONTISTIRIA" ENGAGED IN THE TEACHING OF FOREIGN LANGUAGES .
3 TAKING THE VIEW THAT THE AFORESAID LEGISLATION INTRODUCED A SYSTEM THAT DISCRIMINATED AGAINST NATIONALS OF OTHER MEMBER STATES ON GROUNDS OF NATIONALITY AND WAS THEREFORE CONTRARY TO ARTICLES 52, 59 AND 48 OF THE TREATY, THE COMMISSION GAVE THE GREEK GOVERNMENT FORMAL NOTICE BY LETTER OF 30 NOVEMBER 1984, PURSUANT TO THE FIRST PARAGRAPH OF ARTICLE 169 OF THE TREATY . SINCE THE GREEK GOVERNMENT DID NOT ADMIT THAT IT WAS AT FAULT, THE COMMISSION ADDRESSED A REASONED OPINION TO IT ON 28 OCTOBER 1985, WHICH EVOKED AN ADVERSE RESPONSE ON 25 FEBRUARY 1986 . THE COMMISSION ACCORDINGLY INSTITUTED THESE PROCEEDINGS .
4 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A DETAILED ACCOUNT OF THE RELEVANT NATIONAL LEGISLATION AND THE COURSE OF THE PROCEDURE, AND OF THE CONCLUSIONS, SUBMISSIONS AND ARGUMENTS OF THE PARTIES, WHICH ARE MENTIONED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
THE ALLEGED INFRINGEMENT OF ARTICLES 52 AND 59 OF THE TREATY
5 ACCORDING TO THE COMMISSION, THE FACT THAT IT IS IMPOSSIBLE FOR NATIONALS OF OTHER MEMBER STATES TO SET UP A "FRONTISTIRION" OR A PRIVATE VOCATIONAL TRAINING SCHOOL IS CONTRARY TO ARTICLE 52 OF THE TREATY WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF NATIONALITY WITH REGARD TO THE RIGHT TO TAKE UP ACTIVITIES AS SELF-EMPLOYED PERSONS . TO PROHIBIT FOREIGN NATIONALS FROM GIVING PRIVATE LESSONS AT HOME IS ALSO CONTRARY TO ARTICLE 52 AND, IN ADDITION, TO ARTICLE 59 ON FREEDOM TO PROVIDE SERVICES .
6 THE GREEK GOVERNMENT CHALLENGES THAT ARGUMENT FIRST OF ALL ON THE GROUND THAT THE PRINCIPLE OF FREEDOM OF ESTABLISHMENT LAID DOWN BY ARTICLE 52 CANNOT BE APPLIED IN THIS CASE SINCE, BY VIRTUE OF THE FIRST PARAGRAPH OF ARTICLE 55 OF THE TREATY, THAT PRINCIPLE DOES NOT APPLY TO ACTIVITIES CONNECTED, EVEN OCCASIONALLY, WITH THE EXERCISE OF OFFICIAL AUTHORITY . ACCORDING TO THE GREEK GOVERNMENT, IT IS FOR EACH MEMBER STATE TO DEFINE WHICH ACTIVITIES IN THE STATE ARE CONNECTED WITH THE EXERCISE OF OFFICIAL AUTHORITY . THAT IS THE CASE AS REGARDS TEACHING ACTIVITIES IN GREECE, IN VIEW OF THE FACT THAT, UNDER THE GREEK CONSTITUTION, THE PROVISION OF INSTRUCTION IS A FUNDAMENTAL DUTY OF THE STATE DESIGNED TO ENSURE IN PARTICULAR THE MORAL AND SPIRITUAL EDUCATION OF ITS CITIZENS AND THE DEVELOPMENT OF THEIR NATIONAL CONSCIOUSNESS, AND THAT PRIVATE INDIVIDUALS WHO CARRY ON SUCH ACTIVITIES DO SO IN THEIR CAPACITY AS REPOSITORIES OF OFFICIAL AUTHORITY .
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