LIMIT APPLICATION FOR AND OFFERS OF EMPLOYMENT OR THE RIGHT OF FOREIGN NATIONALS TO TAKE UP AND PURSUE EMPLOYMENT , OR SUBJECT THESE TO CONDITIONS NOT APPLICABLE IN RESPECT OF ITS OWN NATIONALS .
20 AS THE COMMISSION HAS CORRECTLY EMPHASIZED , THE RIGHTS GRANTED TO THE SPOUSE OF A MIGRANT WORKER BY ARTICLES 10 AND 11 OF REGULATION NO 1612/68 ARE LINKED TO THE RIGHTS WHICH THAT WORKER ENJOYS UNDER ARTICLE 48 OF THE EEC TREATY AND ARTICLES 1 ET SEQ . OF THE REGULATION . IN SO FAR AS THE SPOUSE CAN RELY ON SUCH SECONDARY RIGHTS AND THOSE RIGHTS INCLUDE THE RIGHT TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON PURSUANT TO ARTICLE 11 , HE MUST BE ABLE TO PURSUE THAT ACTIVITY UNDER THE SAME CONDITIONS AS ARE APPLICABLE TO A WORKER ENTITLED TO FREEDOM OF MOVEMENT . ARTICLE 3 ( 1 ) OF THE REGULATION THUS REQUIRES THE AUTHORITIES OF THE HOST MEMBER STATE TO TREAT THE SPOUSE IN A NON-DISCRIMINATORY FASHION . THE ' NATIONAL TREATMENT ' TO WHICH WORKERS FROM MEMBER STATES ARE ENTITLED IN THAT REGARD IS THUS EXTENDED TO THEIR SPOUSES .
21 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT A PERSON TO WHOM ARTICLE 11 OF REGULATION NO 1612/68 APPLIES MAY RELY ON THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF THAT REGULATION IRRESPECTIVE OF HIS NATIONALITY .
THE THIRD QUESTION
22 THE ANSWER TO THIS QUESTION , CONCERNING THE RIGHT OF NATIONALS OF NON-MEMBER COUNTRIES TO WHOM ARTICLE 11 OF REGULATION NO 1612/68 APPLIES TO BE TREATED IN THE SAME MANNER AS NATIONALS OF THE HOST COUNTRY , MAY BE FOUND IN THE FOREGOING OBSERVATIONS . THERE IS THEREFORE NO NEED TO REPLY SEPARATELY TO THIS QUESTION .
THE FOURTH QUESTION
23 IN ITS FOURTH QUESTION THE NATIONAL COURT SEEKS TO ASCERTAIN THE PRECISE SCOPE OF THE NON-DISCRIMINATORY TREATMENT PROVIDED FOR BY THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF REGULATION NO 1612/68 . IN SO FAR AS IT REFERS TO THE INTERPRETATION TO BE GIVEN TO PROVISIONS OF NATIONAL LAW , SUCH AS PARAGRAPH 10 OF THE BUNDESARZTEORDNUNG , THE COURT IS NOT COMPETENT UNDER ARTICLE 177 OF THE EEC TREATY TO EXAMINE THE MATTER . MORE PARTICULARLY , IT IS NOT FOR THE COURT TO RULE ON THE MANNER IN WHICH NATIONAL AUTHORITIES MUST RECOGNIZE THE RIGHT OF THE SPOUSE OF A MIGRANT WORKER TO TAKE UP EMPLOYMENT FOR WHICH HE HAS THE NECESSARY PROFESSIONAL QUALIFICATIONS .
24 IN SO FAR AS THE FOURTH QUESTION SEEKS TO ASCERTAIN WHETHER , IN ORDER TO DETERMINE WHETHER OR NOT THERE IS DISCRIMINATION , ONLY THE LEGISLATION ITSELF SHOULD BE EXAMINED OR WHETHER REGARD SHOULD BE HAD TO THE APPLICABLE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION AND ADMINISTRATIVE PRACTICES , THE OBJECTIVES OF THE REGULATION AND THE WORDING OF ARTICLE 3 ITSELF SHOW THAT THE LATTER APPROACH IS THE CORRECT ONE .
25 AS THE PREAMBLE TO REGULATION