OBLIGATIONS IMPOSED ON THE COUNCIL BY ARTICLE 75 ( 1)(A ) AND ( B ) INCLUDE THE INTRODUCTION OF FREEDOM TO PROVIDE SERVICES IN RELATION TO TRANSPORT , AND THAT THE SCOPE OF THAT OBLIGATION IS CLEARLY DEFINED BY THE TREATY . PURSUANT TO ARTICLES 59 AND 60 THE REQUIREMENTS OF FREEDOM TO PROVIDE SERVICES INCLUDE , AS THE COURT HELD IN ITS JUDGMENT OF 17 DECEMBER 1981 ( CASE 279/80 WEBB ( 1981 ) ECR 3305 ), THE REMOVAL OF ANY DISCRIMINATION AGAINST THE PERSON PROVIDING SERVICES BASED ON HIS NATIONALITY OR THE FACT THAT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT WHERE THE SERVICES ARE TO BE PROVIDED .
65 IT FOLLOWS THAT IN THAT RESPECT THE COUNCIL DOES NOT HAVE THE DISCRETION ON WHICH IT MAY RELY IN OTHER AREAS OF THE COMMON TRANSPORT POLICY . SINCE THE RESULT TO BE ACHIEVED IS DETERMINED BY THE COMBINED EFFECT OF ARTICLES 59 , 60 , 61 AND 75 ( 1)(A ) AND ( B ), THE EXERCISE OF A CERTAIN MEASURE OF DISCRETION IS ALLOWED ONLY AS REGARDS THE MEANS EMPLOYED TO OBTAIN THAT RESULT , BEARING IN MIND , AS REQUIRED BY ARTICLE 75 , THOSE FEATURES WHICH ARE SPECIAL TO TRANSPORT .
66 IN SO FAR AS THE OBLIGATIONS LAID DOWN IN ARTICLE 75 ( 1)(A ) AND ( B ) RELATE TO FREEDOM TO PROVIDE SERVICES , THEREFORE , THEY ARE SUFFICIENTLY WELL-DEFINED FOR DISREGARD OF THEM TO BE THE SUBJECT OF A FINDING OF FAILURE TO ACT PURSUANT TO ARTICLE 175 .
67 THE COUNCIL WAS REQUIRED TO EXTEND FREEDOM TO PROVIDE SERVICES TO THE TRANSPORT SECTOR BEFORE THE EXPIRY OF THE TRANSITIONAL PERIOD , PURSUANT TO ARTICLE 75 ( 1)(A ) AND ( 2 ), IN SO FAR AS THE EXTENSION RELATED TO INTERNATIONAL TRANSPORT TO OR FROM THE TERRITORY OF A MEMBER STATE OR ACROSS THE TERRITORY OF ONE OR MORE MEMBER STATES AND , WITHIN THE FRAMEWORK OF FREEDOM TO PROVIDE SERVICES IN THE TRANSPORT SECTOR , TO LAY DOWN , PURSUANT TO ARTICLE 75 ( 1)(B ) AND ( 2 ), THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE TRANSPORT SERVICES WITHIN A MEMBER STATE . IT IS COMMON GROUND THAT THE NECESSARY MEASURES FOR THAT PURPOSE HAVE NOT YET BEEN ADOPTED .
68 ON THAT POINT THE COURT MUST THEREFORE HOLD THAT THE COUNCIL HAS FAILED TO ACT SINCE IT HAS FAILED TO ADOPT MEASURES WHICH OUGHT TO HAVE BEEN ADOPTED BEFORE THE EXPIRY OF THE TRANSITIONAL PERIOD AND WHOSE SUBJECT-MATTER AND NATURE MAY BE DETERMINED WITH A SUFFICIENT DEGREE OF PRECISION .
69 THE PARLIAMENT , THE COMMISSION AND THE NETHERLANDS GOVERNMENT ALSO REFER TO THE LEGAL SITUATION WHICH WOULD ARISE IF , AFTER JUDGMENT AGAINST IT , THE COUNCIL STILL FAILED TO ACT . THAT PROBLEM IS , HOWEVER , HYPOTHETICAL . ARTICLE 176 REQUIRES THE COUNCIL TO TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS JUDGMENT ; SINCE THAT PROVISION DOES NOT PRESCRIBE