COMMUNITY LAW UNTIL THE PARTY CONCERNED HAS BEEN ABLE TO EXHAUST THE REMEDIES GUARANTEED BY ARTICLES 8 AND 9 OF DIRECTIVE NO 64/221 .
THE SIXTH , SEVENTH AND EIGHTH QUESTIONS ( PROHIBITION OF NEW RESTRICTIONS )
63 THE SIXTH , SEVENTH AND EIGHTH QUESTIONS ASK WHETHER , BY VIRTUE OF ARTICLES 53 AND 62 OF THE TREATY PROHIBITING THE INTRODUCTION BY A MEMBER STATE OF NEW RESTRICTIONS ON THE ESTABLISHMENT OF NATIONALS OF OTHER MEMBER STATES AND ON THE FREEDOM TO PROVIDE SERVICES WHICH HAS IN FACT BEEN ACHIEVED , A MEMBER STATE MAY REVERT TO PROVISIONS OR PRACTICES WHICH ARE LESS LIBERAL THAN THOSE WHICH IT HAD PREVIOUSLY APPLIED .
64 MORE PARTICULARLY , IT IS ASKED IN THIS RESPECT
( A ) WHETHER NATIONAL PROVISIONS WHICH HAVE THE EFFECT OF MAKING THE PROVISIONS PREVIOUSLY APPLIED LESS LIBERAL ARE JUSTIFIED WHEN THEY SEEK TO BRING NATIONAL LAW INTO LINE WITH THE RELEVANT COMMUNITY DIRECTIVES ;
( B ) WHETHER THE PROHIBITION ON NEW RESTRICTIONS APPLIES ALSO TO PROVISIONS OF A FORMAL OR PROCEDURAL NATURE IN SPITE OF THE FACT THAT ARTICLE 189 OF THE EEC LEAVES TO THE MEMBER STATES ' THE CHOICE OF FORMS AND METHODS ' FOR THE IMPLEMENTATION OF DIRECTIVES .
65 ( A ) ARTICLES 53 AND 62 PROHIBIT NOT MERELY THE INTRODUCTION OF NEW RESTRICTIONS AS COMPARED WITH THOSE APPLYING IN THE SITUATION EXISTING WHEN THE TREATY ENTERED INTO FORCE , BUT ALSO THE REVOCATION OF LIBERALIZING MEASURES TAKEN BY THE MEMBER STATES IN IMPLEMENTATION OF THEIR OBLIGATIONS UNDER COMMUNITY LAW .
66 IN THIS RESPECT , THE MEASURES ADOPTED BY THE COMMUNITY PARTICULARLY IN THE FORM OF DIRECTIVES FOR THE IMPLEMENTATION OF THE TREATY PROVISIONS MAY GIVE SOME INDICATION AS TO THE SCOPE OF THE OBLIGATIONS BORNE BY THE MEMBER STATES .
67 IN PARTICULAR THIS IS TRUE OF DIRECTIVE NO 64/221 WHICH SETS OUT A NUMBER OF LIMITS ON THE DISCRETION ENJOYED BY THE MEMBER STATES AND OF OBLIGATIONS IMPOSED UPON THEM WITH REGARD TO THE SAFEGUARD OF PUBLIC POLICY , PUBLIC SECURITY AND PUBLIC HEALTH .
68 ON THE OTHER HAND IT IS NOT POSSIBLE TO RELY ON THE RULE IN ARTICLES 53 AND 62 IN CASES WHERE IT IS ESTABLISHED THAT THE ADVANTAGES GRANTED BY A MEMBER STATE TO NATIONALS OF OTHER MEMBER STATES ARE NOT GRANTED IN EXECUTION OF AN OBLIGATION UNDER COMMUNITY LAW .
69 ( B ) THERE IS NO CONTRADICTION BETWEEN THE PROHIBITION OF NEW RESTRICTIONS BY ARTICLES 53 AND 62 AND THE PROVISION CONTAINED IN ARTICLE 189 WHICH LEAVES TO THE MEMBER STATES ' THE CHOICE OF FORM AND METHODS ' FOR THE IMPLEMENTATION OF DIRECTIVES .
70 IN FACT THE CHOICE OF FORM AND METHODS CAN ONLY OPERATE IN COMPLIANCE WITH THE STIPULATIONS AND PROHIBITIONS IN COMMUNITY LAW .
71 WITH RESPECT TO THE DIRECTIVES INTENDED TO IMPLEMENT THE FREE MOVEMENT OF PERSONS THE COMPETENT COMMUNITY INSTITUTIONS HAVE ATTACHED PARTICULAR IMPORTANCE TO A GROUP OF STIPULATIONS OF A FORMAL AND PROCEDURAL NATURE INTENDED