DOCTORS ( 75/363/EEC ) ( OFFICIAL JOURNAL , L 167 , P . 14 ), ON THE BASIS OF WHICH THE MEMBER STATE , UNDER ITS OWN RULES , AUTHORIZES ITS OWN NATIONALS AND THOSE OF OTHER MEMBER STATES TO TAKE UP AND PURSUE THE ACTIVITIES OF A DOCTOR?
( 6 ) IF QUESTION 5 IS ANSWERED IN THE NEGATIVE :
IN REGARD TO A NATIONAL OF A NON-MEMBER COUNTRY ENTITLED TO TAKE UP EMPLOYMENT UNDER ARTICLE 11 OF REGULATION NO 1612/68 WHO , ON THE BASIS OF A MEDICAL QUALIFICATION FROM A NON-MEMBER COUNTRY , HAS PRACTISED MEDICINE IN A MEMBER STATE WITH AN AUTHORIZATION ISSUED BY THAT STATE FOR MORE THAN SIX YEARS AND HAS OBTAINED A CERTIFICATE IN SPECIALIZED MEDICINE IN THAT STATE CORRE SPONDING TO THE PROVISIONS OF ARTICLE 2 OF DIRECTIVE 75/363/EEC , CAN THAT MEMBER STATE STILL RELY ON THE FACT THAT HE DOES NOT SATISFY THE CONDITIONS FOR TAKING UP AND PURSUING THE ACTIVITIES OF A DOCTOR LAID DOWN IN ARTICLE 1 ( 1 ) OF THAT DIRECTIVE?
10 OBSERVATIONS WERE SUBMITTED BY MR GUL , BY THE REGIERUNGSPRASIDENT DUSSELDORF AND BY THE COMMISSION .
THE FIRST QUESTION
11 UNDER ARTICLE 11 OF REGULATION NO 1612/68 , THE INTERPRETATION OF WHICH IS REQUESTED , WHERE A NATIONAL OF A MEMBER STATE IS PURSUING AN ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON IN THE TERRITORY OF ANOTHER MEMBER STATE , HIS SPOUSE AND THOSE OF THE CHILDREN WHO ARE UNDER THE AGE OF 21 YEARS OR DEPENDENT ON HIM ARE ENTITLED TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON THROUGHOUT THE TERRITORY OF THAT SAME STATE , EVEN IF THEY ARE NOT NATIONALS OF ANY MEMBER STATE .
12 ACCORDING TO THE REGIERUNGSPRASIDENT , THAT PROVISION MUST BE INTERPRETED AS MEANING THAT THE RIGHT TO TAKE UP EMPLOYMENT GRANTED TO THE SPOUSE OF A MIGRANT WORKER DOES NOT INCLUDE THE RIGHT TO PURSUE A PARTICULAR OCCUPATION , SUCH AS THE MEDICAL PROFESSION , ACCESS TO WHICH IS GOVERNED BY SPECIAL LEGAL PROVISIONS .
13 FOR MR GUL AND THE COMMISSION , ON THE OTHER HAND , IT IS CLEAR FROM THE VERY WORDING OF ARTICLE 11 OF REGULATION NO 1612/68 THAT THE RIGHT OF THE SPOUSE , WHATEVER HIS NATIONALITY , TO TAKE UP EMPLOYMENT COVERS ANY ACTIVITY AS AN EMPLOYED PERSON ; THE SPOUSE MUST THEREFORE BE SUBJECT TO THE SAME RULES REGARDING ACCESS TO AND PURSUIT OF THE OCCUPATION AS NATIONALS OF THE HOST MEMBER STATE .
14 THE LATTER ARGUMENT MUST BE UPHELD . FIRST OF ALL , ARTICLE 11 DOES NOT EXCLUDE ANY TYPE OF EMPLOYMENT FROM ITS AREA OF APPLICATION ; FURTHERMORE , THAT PROVISION MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVE OF REGULATION NO 1612/68 , WHICH IS TO ENSURE FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY . AS THE PREAMBLE TO THE REGULATION STATES , FREEDOM OF MOVEMENT IS A FUNDAMENTAL RIGHT ' OF WORKERS AND THEIR FAMILIES ' ( THIRD RECITAL )