SITUATION MAY BE SUBJECT TO JUDICIAL CONTROL UNDER THE PROVISIONS OF THE CHAPTER RELATING TO THE RIGHT OF ESTABLISHMENT AND NOT OF THAT ON THE PROVISION OF SERVICES .
14 IN ACCORDANCE WITH THESE PRINCIPLES, THE REQUIREMENT THAT PERSONS WHOSE FUNCTIONS ARE TO ASSIST THE ADMINISTRATION OF JUSTICE MUST BE PERMANENTLY ESTABLISHED FOR PROFESSIONAL PURPOSES WITHIN THE JURISDICTION OF CERTAIN COURTS OR TRIBUNALS CANNOT BE CONSIDERED INCOMPATIBLE WITH THE PROVISIONS OF ARTICLES 59 AND 60, WHERE SUCH REQUIREMENT IS OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE OBSERVANCE OF PROFESSIONAL RULES OF CONDUCT CONNECTED, IN PARTICULAR, WITH THE ADMINISTRATION OF JUSTICE AND WITH RESPECT FOR PROFESSIONAL ETHICS .
15 THAT CANNOT, HOWEVER, BE THE CASE WHEN THE PROVISION OF CERTAIN SERVICES IN A MEMBER STATE IS NOT SUBJECT TO ANY SORT OF QUALIFICATION OR PROFESSIONAL REGULATION AND WHEN THE REQUIREMENT OF HABITUAL RESIDENCE IS FIXED BY REFERENCE TO THE TERRITORY OF THE STATE IN QUESTION .
16 IN RELATION TO A PROFESSIONAL ACTIVITY THE EXERCISE OF WHICH IS SIMILARLY UNRESTRICTED WITHIN THE TERRITORY OF A PARTICULAR MEMBER STATE, THE REQUIREMENT OF RESIDENCE WITHIN THAT STATE CONSTITUTES A RESTRICTION WHICH IS INCOMPATIBLE WITH ARTICLES 59 AND 60 OF THE TREATY IF THE ADMINISTRATION OF JUSTICE CAN SATISFACTORILY BE ENSURED BY MEASURES WHICH ARE LESS RESTRICTIVE, SUCH AS THE CHOOSING OF AN ADDRESS FOR SERVICE .
17 IT MUST THEREFORE BE STATED IN REPLY TO THE QUESTION PUT TO THE COURT THAT THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE NATIONAL LAW OF A MEMBER STATE CANNOT, BY IMPOSING A REQUIREMENT AS TO HABITUAL RESIDENCE WITHIN THAT STATE, DENY PERSONS ESTABLISHED IN ANOTHER MEMBER STATE THE RIGHT TO PROVIDE SERVICES, WHERE THE PROVISION OF SERVICES IS NOT SUBJECT TO ANY SPECIAL CONDITION UNDER THE NATIONAL LAW APPLICABLE .
THE QUESTION OF THE DIRECT APPLICABILITY OF ARTICLES 59 AND 60
18 THE COURT IS ALSO ASKED WHETHER THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE EEC TREATY ARE DIRECTLY APPLICABLE AND CREATE INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT .
19 THIS QUESTION MUST BE RESOLVED WITH REFERENCE TO THE WHOLE OF THE CHAPTER RELATING TO SERVICES, TAKING ACCOUNT, MOREOVER, OF THE PROVISIONS RELATING TO THE RIGHT OF ESTABLISHMENT TO WHICH REFERENCE IS MADE IN ARTICLE 66 .
20 WITH A VIEW TO THE PROGRESSIVE ABOLITION DURING THE TRANSITIONAL PERIOD OF THE RESTRICTIONS REFERRED TO IN ARTICLE 59, ARTICLE 63 HAS PROVIDED FOR THE DRAWING UP OF A " GENERAL PROGRAMME " - LAID DOWN BY COUNCIL DECISION OF 18 DECEMBER 1961 ( 1962, P . 32 ) - TO BE IMPLEMENTED BY A SERIES OF DIRECTIVES .
21 WITHIN THE SCHEME OF THE CHAPTER RELATING TO THE PROVISION OF SERVICES, THESE DIRECTIVES ARE INTENDED TO ACCOMPLISH DIFFERENT FUNCTIONS, THE FIRST BEING TO ABOLISH, DURING THE TRANSITIONAL PERIOD, RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES, THE SECOND BEING TO INTRODUCE INTO THE