PERSON CONCERNED WAS IN A POSITION TO CLAIM IN FRANCE THE RIGHT TO PRACTISE THE PROFESSION OF VETERINARY SURGEON WHICH HE HAD ACQUIRED IN ITALY .
10THE SITUATION REFERRED TO BY THE NATIONAL COURT IS THAT OF A NATURAL PERSON WHO IS A NATIONAL OF THE MEMBER STATE IN WHICH HE ACTUALLY RESIDES , AND WHO IS INVOKING THE PROVISIONS OF THE TREATY RELATING TO FREEDOM OF ESTABLISHMENT WITH A VIEW TO BEING AUTHORIZED TO PRACTISE THE PROFESSION OF VETERINARY SURGEON THERE , WHEREAS , HE DOES NOT POSSESS THE DEGREES REQUIRED OF NATIONALS FOR THAT PURPOSE BUT POSSESSES DEGREES AND QUALIFICATIONS ACQUIRED IN ANOTHER MEMBER STATE WHICH ALLOW HIM TO PRACTISE THAT PROFESSION IN THAT OTHER MEMBER STATE .
11IT SHOULD ALSO BE STATED THAT THE QUESTION REFERS TO THE SITUATION AS IT EXISTED AT A TIME WHEN ARTICLE 57 ( 1 ) OF THE TREATY RELATING TO MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER QUALIFICATIONS HAD NOT YET BEEN APPLIED AS REGARDS THE PRACTICE OF THE PROFESSION OF VETERINARY SURGEON .
12THIS MATTER HAS SUBSEQUENTLY BEEN DEALT WITH BY COUNCIL DIRECTIVE NO 78/1026 OF 18 DECEMBER 1978 CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN VETERINARY MEDICINE , INCLUDING MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES ( OFFICIAL JOURNAL NO L 362 , P . 1 ), SUPPLEMENTED BY COUNCIL DIRECTIVE NO 78/1027 OF THE SAME DATE CONCERNING THE CO-ORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF THE ACTIVITIES OF VETERINARY SURGEONS ( OFFICIAL JOURNAL NO L 362 , P . 7 ).
13ACCORDING TO ARTICLE 18 OF THE FIRST AND ARTICLE 3 OF THE SECOND OF THESE DIRECTIVES MEMBER STATES HAVE A PERIOD OF TWO YEARS IN WHICH TO BRING INTO FORCE THE MEASURES NECESSARY TO COMPLY WITH THEM , DATING FROM THE NOTIFICATION OF THE DIRECTIVES .
14CONSIDERATION MUST THEREFORE BE GIVEN TO THE QUESTION WHETHER , AND IF SO TO WHAT EXTENT , NATIONALS OF THE MEMBER STATE IN WHICH THEY WERE ESTABLISHED WERE ENTITLED , AT THE TIME IN QUESTION , TO RELY ON THE PROVISIONS OF ARTICLES 52 TO 57 OF THE TREATY IN SITUATIONS SUCH AS THOSE DECRIBED ABOVE .
15THESE PROVISIONS MUST BE INTERPRETED IN THE LIGHT OF THEIR PLACE IN THE GENERAL STRUCTURE OF THE TREATY AND OF ITS OBJECTIVES .
16UNDER ARTICLE 3 OF THE TREATY THE ACTIVITIES OF THE COMMUNITY WITH A VIEW TO THE ESTABLISHMENT OF THE COMMON MARKET INCLUDE , INTER ALIA , THE ABOLITION OF OBSTACLES TO FREEDOM OF MOVEMENT FOR PERSONS AND SERVICES .
17IN THE WORDS OF ARTICLE 7 OF THE TREATY , WITHIN THE SCOPE OF ITS APPLICATION , ANY DISCRIMINATION ON GROUNDS OF NATIONALITY IS PROHIBITED .
18THUS FREEDOM OF MOVEMENT FOR PERSONS IS INTENDED TO CONTRIBUTE TO THE ESTABLISHMENT OF A COMMON MARKET , IN WHICH NATIONALS OF THE MEMBER STATES HAVE OPPORTUNITY TO CARRY ON