TO PUPILLAGE HAS DEVOLVED IN ITS ENTIRETY UPON THE COUR D ' APPEL .
8 THE NATIONAL COURT FOUND THAT THE SETTLEMENT OF THE CASE BEFORE IT REQUIRED AN INTERPRETATION OF ARTICLE 62 OF THE LOME CONVENTION , AND REFERRED FOR A PRELIMINARY RULING TWO QUESTIONS IN THE FOLLOWING TERMS :
' 1 . DOES ARTICLE 62 OF THE LOME CONVENTION OF 28 FEBRUARY 1975 GIVE A NATIONAL OF AN ACP STATE , AND IN PARTICULAR A PERSON OF MADAGASCAN NATIONALITY , THE RIGHT TO ESTABLISH HIMSELF IN THE TERRITORY OF A MEMBER STATE , AND IN PARTICULAR IN FRENCH TERRITORY , WITHOUT ANY CONDITION AS TO NATIONALITY?
2 . DOES THE RESERVATION CONTAINED IN THE ABOVEMENTIONED ARTICLE 62 ALLOW A MEMBER STATE TO REQUIRE THE NATIONALITY OF SUCH STATE OR THAT OF ANOTHER MEMBER STATE FOR THE PURSUIT OF A SPECIFIC ACTIVITY , IN THE PRESENT CASE THE PROFESSION OF ADVOCATE?
'
THE FIRST QUESTION
9 UNDER ARTICLE 62 OF THE LOME CONVENTION , ' AS REGARDS THE ARRANGEMENTS THAT MAY BE APPLIED IN MATTERS OF ESTABLISHMENT AND PROVISION OF SERVICES , THE ACP STATES ON THE ONE HAND AND THE MEMBER STATES ON THE OTHER SHALL TREAT NATIONALS AND COMPANIES OR FIRMS OF MEMBER STATES AND NATIONALS AND COMPANIES OR FIRMS OF THE ACP STATES RESPECTIVELY ON A NON-DISCRIMINATORY BASIS . HOWEVER , IF , FOR A GIVEN ACTIVITY , AN ACP STATE OR A MEMBER STATE IS UNABLE TO PROVIDE SUCH TREATMENT , THE MEMBER STATES OR THE ACP STATES , AS THE CASE MAY BE , SHALL NOT BE BOUND TO ACCORD SUCH TREATMENT FOR THIS ACTIVITY TO THE NATIONALS AND COMPANIES OR FIRMS OF THE STATE CONCERNED ' .
10 IN HIS WRITTEN OBSERVATIONS , THE APPLICANT IN THE MAIN PROCEEDINGS ARGUES THAT THE EFFECT OF ARTICLE 62 OF THE LOME CONVENTION IS THE SAME AS THAT OF THE PROVISIONS OF THE EEC TREATY IN MATTERS OF ESTABLISHMENT , AND SEEKS TO RELY UPON THE PRINCIPLES WHICH FORM THE BASIS OF THE JUDGMENT OF THE COURT OF 21 JULY 1974 , CASE 2/74 , REYNERS V BELGIAN STATE ( 1974 ) ECR 631 .
11 HOWEVER , THE WORDING OF ARTICLE 62 WILL NOT ADMIT OF SUCH AN INTERPRETATION .
12 IN FACT , THAT WORDING REFERS TO THE TWO GROUPS OF STATES BOUND BY THE LOME CONVENTION , THE ACP STATES AND THE MEMBER STATES OF THE EEC , AND PROVIDES THAT ANY STATE BELONGING TO ONE OF THE TWO GROUPS SHALL TREAT NATIONALS OF ANY STATE BELONGING TO THE OTHER GROUP ON A NON-DISCRIMINATORY BASIS .
13 ON THE OTHER HAND , THE WORDING OF THE ARTICLE DOES NOT PURPORT TO PROVIDE EQUALITY OF TREATMENT BETWEEN NATIONALS OF AN ACP STATE AND THOSE OF A MEMBER STATE OF THE EEC .
14 MORE PARTICULARLY , THAT ARTICLES DOES NOT OBLIGE EITHER THE ACP STATES OR THE MEMBER STATES OF THE EEC TO GIVE TO THE NATIONALS OF A STATE BELONGING TO THE OTHER