FREEDOM TO PROVIDE SERVICES?"
8 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE BACKGROUND TO THE DISPUTE AND FOR A SUMMARY OF THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
9 THE FIRST QUESTION REFERRED TO THE COURT CONCERNS FREEDOM OF LAWYERS TO PROVIDE SERVICES AND THE SECOND CONCERNS LAWYERS' RIGHT OF ESTABLISHMENT . THE FIRST QUESTION ALSO RAISES THE MATTER OF THE EFFECT OF DUAL NATIONALITY AND IT IS APPROPRIATE TO DEAL WITH THAT ISSUE FIRST .
DUAL NATIONALITY
10 THE QUESTION RAISED WITH REGARD TO DUAL NATIONALITY IS WHETHER A PERSON WHO IS A NATIONAL OF TWO MEMBER STATES AND WHO IS ADMITTED TO THE LEGAL PROFESSION IN ONE OF THOSE STATES MAY RELY ON THE PROVISIONS OF DIRECTIVE 77/249 IN THE TERRITORY OF THE OTHER MEMBER STATE .
11 IT SHOULD BE NOTED THAT, IN ITS JUDGMENT OF 7 FEBRUARY 1979 IN CASE 115/78 ( KNOORS V SECRETARY OF STATE FOR ECONOMIC AFFAIRS (( 1979 )) ECR 399 ), THE COURT TOOK THE VIEW, IN REGARD TO A DIRECTIVE CONCERNED WITH THE RIGHT OF ESTABLISHMENT, THAT THE DIRECTIVE MIGHT BE RELIED UPON BY THE NATIONALS OF ALL THE MEMBER STATES WHO WERE IN THE SITUATIONS WHICH THE DIRECTIVE DEFINED FOR ITS APPLICATION, EVEN IN RESPECT OF THE STATE OF WHICH THEY WERE NATIONALS . THE SAME PRINCIPLE APPLIES IN RELATION TO A DIRECTIVE CONCERNED WITH FREEDOM TO PROVIDE SERVICES .
12 FREEDOM OF MOVEMENT FOR PERSONS, FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL IN THE COMMUNITY SYSTEM, WOULD NOT BE FULLY REALIZED IF A MEMBER STATE WERE ENTITLED TO REFUSE TO GRANT THE BENEFIT OF THE PROVISIONS OF COMMUNITY LAW TO THOSE OF ITS NATIONALS WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE OF WHICH THEY ARE ALSO A NATIONAL AND WHO TAKE ADVANTAGE OF THE FACILITIES OFFERED BY COMMUNITY LAW IN ORDER TO PURSUE THEIR ACTIVITIES IN THE TERRITORY OF THE FIRST STATE BY WAY OF THE PROVISION OF SERVICES .
13 CONSEQUENTLY, IT MUST BE HELD THAT A NATIONAL OF TWO MEMBER STATES WHO IS ADMITTED TO PRACTISE AS A MEMBER OF THE LEGAL PROFESSION IN ONE OF THOSE STATES MAY RELY ON THE PROVISIONS OF DIRECTIVE 77/249 IN THE TERRITORY OF THE OTHER STATE WHERE THE CONDITIONS FOR THE APPLICATION OF THAT DIRECTIVE, AS DEFINED THEREIN, ARE SATISFIED .
PROVISION OF SERVICES
14 THE FIRST QUESTION REFERRED TO THE COURT SEEKS TO ASCERTAIN, IN PARTICULAR, WHETHER THE PROVISIONS OF DIRECTIVE 77/249 MAY BE RELIED UPON BY A LAWYER ESTABLISHED IN ONE MEMBER STATE IN ORDER TO PURSUE HIS ACTIVITIES AS A PROVIDER OF SERVICES IN THE TERRITORY OF ANOTHER MEMBER STATE WHERE HE HAS BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION BY THE LATTER MEMBER STATE FOR REASONS RELATING TO DIGNITY, GOOD REPUTE AND INTEGRITY . IF THE REPLY IS IN THE AFFIRMATIVE, THE