NECESSARY TO FIX REQUIREMENTS RELATING TO THE GOOD REPUTE OF THE APPLICANT?
THE FIRST PART OF QUESTION 1
9THE COUNCIL DIRECTIVE WAS ADOPTED IN ACCORDANCE WITH ARTICLE 75 OF THE TREATY FOR THE IMPLEMENTATION OF A COMMON TRANSPORT POLICY .
10THE AIM PURSUED IN THE DIRECTIVE , NAMELY THE INTRODUCTION OF COMMON RULES FOR ADMISSION TO THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND INTERNATIONAL TRANSPORT OPERATIONS IN ORDER TO ENSURE THAT ROAD PASSENGER TRANSPORT OPERATORS ARE BETTER QUALIFIED , IN THE INTERESTS OF USERS , TRANSPORT OPERATORS AND THE ECONOMY AS A WHOLE , IS UNQUESTIONABLY IN ACCORDANCE WITH THE OBJECTIVES OF THE SAID ARTICLE 75 .
11THEREFORE THE ANSWER TO THE FIRST PART OF QUESTION 1 MUST BE THAT CONSIDERATION OF THE DIRECTIVE HAS DISCLOSED NO FACTOR OF SUCH A KIND AS TO AFFECT ITS VALIDITY .
QUESTIONS 3 AND 4 ( A )
12IT WILL BE CONVENIENT TO DEAL WITH QUESTIONS 3 AND 4 ( A ) BEFORE THE OTHERS .
13ARTICLE 2 ( 2 ) OF THE DIRECTIVE PROVIDES THAT PENDING CO-ORDINATION AT A LATER DATE , EACH MEMBER STATE SHALL DETERMINE THE PROVISIONS RELATING TO GOOD REPUTE WHICH MUST BE SATISFIED BY THE APPLICANT .
14THAT PROVISION LEAVES THE MEMBER STATES A WIDE MARGIN OF DISCRETION AS TO THE REQUIREMENTS RELATING TO GOOD REPUTE IMPOSED ON APPLICANTS WISHING TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR .
15A PROVISION OF NATIONAL LAW WHEREBY AN APPLICANT WHO HAS A CRIMINAL CONVICTION MAY BE REGARDED AS NOT BEING OF GOOD REPUTE IF THE CRIMINAL CONDUCT PROVIDES GROUNDS FOR CONSIDERING THAT THERE IS IMMINENT DANGER OF MISUSE OF HIS OCCUPATION CANNOT BE REGARDED AS EXCEEDING THE MARGIN OF DISCRETION LEFT TO A MEMBER STATE .
16THEREFORE THE ANSWER TO QUESTIONS 3 AND 4 ( A ) SHOULD BE THAT A STATUTORY PROVISION SUCH AS ARTICLE 78 OF THE DANISH PENAL CODE IS TO BE REGARDED AS A PROVISION VALIDLY ENACTED BY THE STATE WITHIN THE LIMITS OF THE DIRECTIVE .
QUESTION 4 ( B )
17ARTICLE 4 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' ' NATURAL PERSONS AND UNDERTAKINGS FURNISHING PROOF THAT BEFORE 1 JANUARY 1978 THEY WERE AUTHORIZED UNDER NATIONAL REGULATIONS IN A MEMBER STATE TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR IN NATIONAL AND/OR INTERNATIONAL TRANSPORT OPERATIONS SHALL BE EXEMPT FROM THE REQUIREMENT TO FURNISH PROOF THAT THEY SATISFY THE PROVISIONS LAID DOWN IN ARTICLE 2 ' ' .
18QUESTION 4 ( B ) RAISES THE GENERAL ISSUE OF THE EFFECTS OF A DIRECTIVE ADOPTED UNDER ARTICLE 189 OF THE TREATY .
19ON THIS ISSUE , THE COURT HAS ALREADY HELD , IN ITS JUDGMENT OF 1 FEBRUARY 1977 IN CASE 51/76 ( NEDERLANDSE ONDERNEMINGEN ( 1977 ) ECR 113 ) INTER ALIA , THAT IF , BY VIRTUE OF THE PROVISIONS OF ARTICLE 189 , REGULATIONS ARE DIRECTLY APPLICABLE AND , CONSEQUENTLY , MAY BY THEIR VERY NATURE HAVE DIRECT EFFECTS , IT DOES NOT