THE DIRECTIVE THAT PERSON DOES NOT FULFIL THE CONDITION OF PROFESSIONAL COMPETENCE REFERRED TO IN ARTICLE 3 ( 4 ) BEFORE 1 JANUARY 1980 EVEN IF THE AFORESAID AUTHORITIES GAVE SUCH AUTHORIZATION BECAUSE THEY HELD THAT THERE EXISTED A SPECIAL CASE WITHIN THE MEANING OF ARTICLE 4 ( 2)?
3 . IS ARTICLE 4 ( 2 ) OF DIRECTIVE NO 74/561/EEC APPLICABLE ONLY IN THE CASE REFERRED TO IN THE FIRST PARAGRAPH OF THAT ARTICLE OF THE DEATH OR PHYSICAL OR LEGAL INCAPACITY OF THE NATURAL PERSON WHO SATISFIES THE PROVISIONS OF ARTICLE 3 ( 1 ) ( A ) AND ( C ) OR MAY THAT PROVISION ALSO BE APPLICABLE TO OTHER CASES?
4 . IF THE ANSWER TO THE LAST QUESTION IS IN THE AFFIRMATIVE SHOULD ' ' PHYSICAL INCAPACITY ' ' IN ARTICLE 4 ( 1 ) OF THAT DIRECTIVE ALSO BE UNDERSTOOD AS INCLUDING THE ATTAINMENT OF AN AGE AT WHICH A PERSON IS DEEMED NO LONGER TO BE CAPABLE OF WORKING?
QUESTION 1
9IN THE ABSENCE OF ANY CO-ORDINATION OF THE NATIONAL RULES ON THE ACQUISITION OF PROFESSIONAL KNOWLEDGE , ARTICLE 3 ( 4 ) OF THE COUNCIL DIRECTIVE LEAVES IT TO THE MEMBER STATES TO ESTABLISH THAT PERSONS WISHING TO ENGAGE IN THE OCCUPATION OF ROAD HAULAGE OPERATOR POSSESS THE NECESSARY COMPETENCE . THE MEMBER STATES ARE GIVEN A CHOICE BETWEEN THE FOLLOWING SYSTEMS FOR VERIFYING THAT KNOWLEDGE : ASSESSMENT BY EXAMINATION , REGARD TO PRACTICAL EXPERIENCE IN THE SPHERE OF TRANSPORT OR FINALLY A COMBINATION OF BOTH .
10THE AFOREMENTIONED NETHERLANDS LEGISLATION PROVIDES THAT POSSESSION OF THE KNOWLEDGE IS ASSESSED BY AN EXAMINATION ENTITLING SUCCESSFUL CANDIDATES TO A TECHNICAL DIPLOMA , AND BY VERIFICATION OF TWO YEARS ' PRACTICAL EXPERIENCE IN A TRANSPORT UNDERTAKING .
11THEREFORE THE ANSWER TO QUESTION 1 SHOULD BE THAT THE PROVISIONS OF ARTICLE 3 ( 4 ) OF THE DIRECTIVE ALLOW MEMBER STATES TO ADOPT REGULATIONS UNDER WHICH PROFESSIONAL COMPETENCE IS ESTABLISHED EITHER BY THE ACQUISITION OF A DIPLOMA OR ON THE BASIS OF APPROPRIATE PRACTICAL EXPERIENCE FOR A PERIOD TO BE DETERMINED BY THE MEMBER STATES , OR BY A COMBINATION OF BOTH .
QUESTION 3
12ARTICLE 4 ( 1 ) OF THE DIRECTIVE EMPOWERS MEMBER STATES TO GRANT TEMPORARY EXEMPTION FROM THE CONDITION OF PROFESSIONAL COMPETENCE IN DULY JUSTIFIED SPECIAL CASES WHERE THE NATURAL PERSON ENGAGED IN THE OCCUPATION OF TRANSPORT OPERATOR DIES OR SUFFERS PHYSICAL OR LEGAL INCAPACITY . ARTICLE 4 ( 2 ) ALLOWS DEFINITIVE EXEMPTION TO BE GRANTED IN EXCEPTIONAL CASES , BUT THIS IS ONLY WITHIN THE LIMITS LAID DOWN AND IN THE SITUATIONS REFERRED TO IN ARTICLE 4 ( 1 ), THAT IS TO SAY IN DULY JUSTIFIED SPECIAL CASES IN THE EVENT OF THE DEATH OR PHYSICAL OR LEGAL INCAPACITY OF THE NATURAL PERSON ENGAGED IN THE OCCUPATION OF TRANSPORT OPERATOR .
13THIS CONCLUSION MUST BE REACHED BECAUSE ARTICLE 4 ( 2 ) RELATES TO A SITUATION IN WHICH , UNLIKE THE SITUATION IN ARTICLE 4 ( 1 ), THE