EXPIRY OF THE PERIOD PRESCRIBED FOR THE IMPLEMENTATION OF THE DIRECTIVES IN QUESTION , BUT PRIOR TO THE ADOPTION OF THE FRENCH LAW WHICH IMPLEMENTED THEM .
8 IN THE COURSE OF THOSE PROCEEDINGS MR AUER RELIED ON RIGHTS BASED ON COMMUNITY RULES . IN PARTICULAR HE MAINTAINED THAT SINCE , AT THE MATERIAL TIME , THE PERIOD WITHIN WHICH MEMBER STATES WERE REQUIRED TO COMPLY WITH THE DIRECTIVES HAD EXPIRED , AND FRANCE HAD NOT ADOPTED THE MEASURES NECESSARY FOR IMPLEMENTING THEM , THE PROVISIONS OF THE DIRECTIVES HAD BECOME DIRECTLY APPLICABLE AND THAT HE WAS THEREFORE ENTITLED TO PRACTISE HIS PROFESSION IN FRANCE .
9 THE COURT OF FIRST INSTANCE REJECTED THAT ARGUMENT . THE COUR D ' APPEL , ( COURT OF APPEAL ), COLMAR , CONSIDERED THAT ' ' ON THE ONE HAND , IT IS CLEAR THAT THE ANSWER GIVEN IN THE JUDGMENT OF 7 FEBRUARY 1979 OF THE COURT OF JUSTICE IS EXPRESSLY LIMITED TO THE TWO-YEAR TRANSITIONAL PERIOD , WHICH PROVIDES REASON FOR BELIEVING THAT A DIFFERENT ANSWER MIGHT BE GIVEN SO FAR AS THE SUBSEQUENT PERIOD IS CONCERNED ' ' AND THAT ' ' ON THE OTHER HAND . . . IT SEEMS INCONCEIVABLE THAT A PERSON WHO IS A NATIVE OF A FOREIGN COUNTRY AND WHO HOLDS A FOREIGN QUALIFICATION COULD BE ALLOWED TO PRACTISE VETERINARY MEDICINE IN FRANCE WITHOUT HAVING TO SEEK REGISTRATION WITH THE PROFESSIONAL SOCIETY , AND THUS ENJOY MORE RIGHTS THAN A PERSON WHO HAS ALWAYS HELD FRENCH NATIONALITY AND HOLDS NATIONAL QUALIFICATIONS ' ' . IT THEREFORE REFERRED THE FOLLOWING QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
' ' IF A PERSON WHO HAS BECOME ENTITLED TO PRACTISE THE PROFESSION OF VETERINARY SURGEON IN A MEMBER STATE OF THE EUROPEAN COMMUNITY WHICH HAS CONFERRED ON HIM THE QUALIFICATIONS REFERRED TO IN ARTICLE 3 OF DIRECTIVE NO 78/1206 , AND WHO HAS ACQUIRED THE NATIONALITY OF ANOTHER MEMBER STATE , IS REQUIRED , AFTER THE EXPIRY OF THE TWO-YEAR PERIOD ALLOWED FOR ADOPTING THE MEASURES NECESSARY TO COMPLY WITH DIRECTIVES NOS 78/1206 AND 78/1207 , TO BE REGISTERED WITH A NATIONAL BODY ESTABLISHED UNDER NATIONAL LAW AS A CONDITION FOR PRACTISING THAT PROFESSION , DOES THAT REQUIREMENT AMOUNT TO A RESTRICTION ON THE FREEDOM OF ESTABLISHMENT PROVIDED FOR IN ARTICLES 52 AND 57 OF THE TREATY OF ROME?
' '
10 THE CIVIL PARTIES IN THE MAIN PROCEEDINGS , NAMELY THE ORDRE NATIONAL DES VETERINAIRES AND THE SYNDICAT NATIONAL DES VETERINAIRES , OBSERVE THAT THE DEGREE WHICH MR AUER HOLDS IN NO WAY SATISFIES THE TRAINING REQUIREMENTS LAID DOWN IN ARTICLE 1 OF DIRECTIVE NO 78/1027 AND THAT THE PRACTISING CERTIFICATE ISSUED TO THE ACCUSED ON 2 MAY 1980 DOES NOT CONSTITUTE CONFIRMATION THAT HE HAS SATISFIED THE TRAINING CONDITIONS LAID DOWN IN THAT PROVISION .
11 MR AUER EMPHASIZES THAT ARTICLE 2 OF DIRECTIVE NO 78/1026 REQUIRES MEMBER STATES TO RECOGNIZE THE DIPLOMAS LISTED IN ARTICLE 3 , AND THAT THAT LIST