WHICH IT REFERRED TO THE COURT RELATES SOLELY TO THE SITUATION WHERE A LAWYER ESTABLISHED IN ONE MEMBER STATE INTENDS TO ESTABLISH HIMSELF IN ANOTHER MEMBER STATE WHERE REGISTRATION AT A BAR IS REQUIRED FOR IT TO BE POSSIBLE TO PRACTISE AS A LAWYER .
27 IN ADDITION, AT THE HEARING THE TWO BAR COUNCILS AND THE UNITED KINGDOM DEBATED THE QUESTION WHETHER A LAWYER ESTABLISHED IN ONE MEMBER STATE MAY ESTABLISH HIMSELF IN THE TERRITORY OF ANOTHER MEMBER STATE, WHICH REQUIRES LAWYERS TO BE REGISTERED AT A BAR, WITHOUT HIS BEING SO REGISTERED WHERE HE HOLDS HIMSELF OUT AS A LAWYER WITHIN THE MEANING OF THE LEGISLATION OF THE MEMBER STATE FROM WHICH HE COMES, FOR EXAMPLE IN FRANCE AS A GERMAN "RECHTSANWALT" OR AN ENGLISH "SOLICITOR ". THAT PROBLEM, TOO, DOES NOT FORM PART OF THE QUESTION REFERRED TO THE COURT, WHICH REFERS, ACCORDING TO ITS VERY WORDING, TO THE SITUATION WHERE A LAWYER WITHIN THE MEANING OF THE LEGISLATION OF THE MEMBER STATE WHERE HE IS ESTABLISHED IS MINDED TO SET UP IN ANOTHER MEMBER STATE AS A LAWYER WITHIN THE MEANING OF THE LEGISLATION OF THAT MEMBER STATE .
28 IN ORDER TO REPLY TO THE QUESTION DEFINED IN THAT MANNER IT IS NECESSARY TO EMPHASIZE THAT UNDER THE SECOND PARAGRAPH OF ARTICLE 52 OF THE EEC TREATY FREEDOM OF ESTABLISHMENT INCLUDES THE RIGHT TO TAKE UP AND PURSUE ACTIVITIES AS SELF-EMPLOYED PERSONS "UNDER THE CONDITIONS LAID DOWN FOR ITS OWN NATIONALS BY THE LAW OF THE COUNTRY WHERE SUCH ESTABLISHMENT IS EFFECTED ". IT FOLLOWS FROM THAT PROVISION, AS THE COURT STATED IN ITS JUDGMENT OF 12 JULY 1984 IN CASE 107/83 ( ORDRE DES AVOCATS AU BARREAU DE PARIS V KLOPP (( 1984 )) ECR 2971 ), THAT IN THE ABSENCE OF SPECIFIC COMMUNITY RULES IN THE MATTER EACH MEMBER STATE IS, IN PRINCIPLE, FREE TO REGULATE THE EXERCISE OF THE LEGAL PROFESSION IN ITS TERRITORY .
29 IT SHOULD BE ADDED THAT THE REQUIREMENT THAT LAWYERS BE REGISTERED AT A BAR LAID DOWN BY CERTAIN MEMBER STATES MUST BE REGARDED AS LAWFUL IN RELATION TO COMMUNITY LAW PROVIDED, HOWEVER, THAT SUCH REGISTRATION IS OPEN TO NATIONALS OF ALL MEMBER STATES WITHOUT DISCRIMINATION . THE REQUIREMENT SEEKS TO ENSURE THE OBSERVANCE OF MORAL AND ETHICAL PRINCIPLES AND THE DISCIPLINARY CONTROL OF THE ACTIVITY OF LAWYERS AND THUS PURSUES AN OBJECTIVE WORTHY OF PROTECTION .
30 IT FOLLOWS FROM THE FOREGOING THAT THE MEMBER STATES WHOSE LEGISLATION LAYS DOWN THE REQUIREMENT THAT ANY PERSON WISHING TO ESTABLISH HIMSELF IN THEIR TERRITORY AS A LAWYER WITHIN THE MEANING OF THEIR NATIONAL LEGISLATION MUST BE REGISTERED AT A BAR MAY PRESCRIBE THE SAME REQUIREMENT FOR LAWYERS WHO COME FROM OTHER MEMBER STATES AND WHO RELY ON THE RIGHT OF ESTABLISHMENT LAID DOWN IN THE EEC TREATY IN ORDER TO BENEFIT FROM THE SAME STATUS .
31 CONSEQUENTLY, THE REPLY TO THE SECOND QUESTION REFERRED TO THE COURT FOR A PRELIMINARY RULING MUST BE THAT ARTICLE 52 OF