THAT THE MEMBER STATES SHALL , AFTER CONSULTING THE COMMISSION , IMPLEMENT THE DIRECTIVE BEFORE 1 JANUARY 1977 .
8KOEBENHAVNS BYRET HAS REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
1 . IS THE COUNCIL DIRECTIVE OF 12 NOVEMBER 1974 LAWFUL , VALID , DIRECTLY BINDING ON DANISH COURTS AND APPLICABLE TO RELATIONS BETWEEN A DANISH NATIONAL AND THE DANISH PUBLIC AUTHORITIES?
2 . DOES THE COUNCIL DIRECTIVE OF 12 NOVEMBER 1974 COVER A LEGAL SITUATION SUCH AS THE PRESENT CASE?
3 . IF QUESTION 2 IS ANSWERED IN THE AFFIRMATIVE AN ANSWER TO THE FOLLOWING PRELIMINARY QUESTION IS REQUESTED , NAMELY MUST IT BE CONSIDERED THAT THE COUNCIL DIRECTIVE OF 12 NOVEMBER 1974 HAS AMENDED ARTICLE 78 ( 2 ) AND ( 3 ) OF THE PENAL CODE IN THAT THE STIPULATION IN THAT PROVISION THAT CRIMINAL CONDUCT MAY ONLY ENTAIL LOSS OF CIVIL RIGHTS IF SUCH CONDUCT PROVIDES GROUNDS FOR CONSIDERING THAT THERE IS IMMINENT DANGER OF MISUSE OF THE POSITION OF THE PERSON CONCERNED HAS BEEN SUPERSEDED WHOLLY OR IN PART SO THAT THE PROVISION RELATING TO GOOD REPUTE IN THE COUNCIL DIRECTIVE HAS BEEN SUBSTITUTED FOR THE PROVISION IN ARTICLE 78 ( 2 ) AND ( 3 ) OF THE PENAL CODE?
4 . ( A ) DOES ARTICLE 78 ( 2 ) AND ( 3 ) OF THE DANISH PENAL CODE , WHICH IS WORDED IN NEGATIVE TERMS , NAMELY THAT A PERSON CAN BE DEPRIVED OF THE RIGHT TO ENGAGE IN AN OCCUPATION WICH REQUIRES SPECIFIC PUBLIC AUTHORIZATION OR APPROVAL ONLY IF HIS CONDUCT PROVIDES GROUNDS FOR CONSIDERING THAT THERE IS IMMINENT DANGER OF MISUSE OF HIS POSITION OR OCCUPATION , SATISFY THE REQUIREMENTS RELATING TO GOOD REPUTE WHICH , ACCORDING TO THE COUNCIL DIRECTIVE , THE MEMBER STATES MUST LAY DOWN FOR PERSONS IN THIS SITUATION SINCE THE MEMBER STATES , PENDING CO-ORDINATION AT A LATER DATE , REMAIN FREE THEMSELVES TO LAY DOWN A MORE DETAILED DEFINITION OF THE REQUIREMENT RELATING TO GOOD REPUTE?
( B)IS THE PRESENT CASE COVERED BY THE TRANSITIONAL PROVISIONS IN ARTICLE 4 ( 1 ) SO THAT , BECAUSE THE APPLICANT WAS AUTHORIZED BEFORE 1 JANUARY 1978 UNDER THE DANISH PROVISIONS TO ENGAGE IN THE OCCUPATION OF ROAD PASSENGER TRANSPORT OPERATOR WITHIN DENMARK , HE IS EXEMPT FROM THE REQUIREMENT TO FURNISH PROOF THAT HE FULFILS INTER ALIA THE REQUIREMENT RELATING TO GOOD REPUTE CONTAINED IN ARTICLE 2 ( 1 ) ( A)?
5 . IF THE ANSWER TO QUESTION 4 ( B ) IS IN THE AFFIRMATIVE , DOES THIS IMPLY THAT THE CASE CAN BE DECIDED BY KOEBENHAVNS BYRET WITHOUT REGARD TO THE PROVISIONS LAID DOWN IN THE COUNCIL DIRECTIVE OF 12 NOVEMBER 1974 OR DOES ARTICLE 5 ( 2 ), CONCERNING THE DUTY OF MEMBER STATES TO WITHDRAW AUTHORIZATIONS WHEN THE CONDITIONS IN ARTICLE 2 ( 1 ) ( A ) ( B ) AND ( C ) ARE NO LONGER SATISFIED , MEAN THAT IT IS IN ANY EVENT