SCHOOLS, WHILST DENYING THAT POSSIBILITY TO NATIONALS OF OTHER MEMBER STATES .
15 IT IS TRUE THAT THE GREEK GOVERNMENT ALSO CONTENDS THAT IT CANNOT BE CHARGED WITH ANY INFRINGEMENT EVEN AS REGARDS THOSE SCHOOLS SINCE, IN PRACTICE, THE AUTHORIZATIONS NEEDED TO SET UP A SCHOOL ARE GRANTED TO NATIONALS OF OTHER MEMBER STATES, NOTWITHSTANDING THE FACT THAT NATIONAL LEGISLATION PROVIDES OTHERWISE .
16 HOWEVER, AS THE COURT HAS CONSISTENTLY HELD ( SEE, FOR INSTANCE, THE JUDGMENT OF 13 OCTOBER 1987 IN CASE 236/85 COMMISSION V NETHERLANDS (( 1987 )) ECR 3989 ), MERE ADMINISTRATIVE PRACTICES, WHICH BY THEIR NATURE ARE ALTERABLE AT WILL BY THE AUTHORITIES AND ARE NOT GIVEN THE APPROPRIATE PUBLICITY, CANNOT BE REGARDED AS CONSTITUTING THE PROPER FULFILMENT OF OBLIGATIONS UNDER THE TREATY .
17 IT IS CLEAR FROM THE FOREGOING CONSIDERATIONS THAT THE PROHIBITION IMPOSED ON NATIONALS OF OTHER MEMBER STATES ON SETTING UP "FRONTISTIRIA" OR PRIVATE MUSIC AND DANCING SCHOOLS OR ON GIVING PRIVATE LESSONS AT HOME IS CONTRARY TO ARTICLE 52 OF THE TREATY .
18 FURTHERMORE, THE PROHIBITION ON GIVING PRIVATE LESSONS AT HOME IS ALSO CONTRARY TO ARTICLE 59, IN SO FAR AS IT APPLIES TO NATIONALS OF OTHER MEMBER STATES WHO MOVE TO GREECE IN ORDER TO PROVIDE SERVICES ON AN OCCASIONAL BASIS .
THE ALLEGED INFRINGEMENT OF ARTICLE 48 OF THE TREATY
19 THE COMMISSION CLAIMS THAT GREEK LEGISLATION PROHIBITS NATIONALS OF OTHER MEMBER STATES FROM OCCUPYING THE POSTS OF DIRECTOR OR TEACHER IN "FRONTISTIRIA" AND PRIVATE VOCATIONAL TRAINING SCHOOLS, WITH THE SOLE EXCEPTION THAT A RESTRICTED QUOTA OF TEACHERS OF NON-GREEK NATIONALITY MAY BE EMPLOYED IN "FRONTISTIRIA" ENGAGED IN THE TEACHING OF FOREIGN LANGUAGES . SUCH DISCRIMINATION ON GROUNDS OF NATIONALITY, WHICH HINDERS OR RESTRICTS ENGAGEMENT IN PAID EMPLOYMENT, IS CONTRARY TO ARTICLE 48 OF THE TREATY ON FREEDOM OF MOVEMENT FOR WORKERS .
20 HOWEVER, THE COMMISSION ACKNOWLEDGES, AS IS CLEAR FROM THE REASONED OPINION WHICH IT ADDRESSED TO THE HELLENIC REPUBLIC AND FROM THE ARGUMENTS WHICH IT HAS PUT FORWARD BEFORE THE COURT, THAT BY VIRTUE OF ARTICLES 44 AND 45 OF THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE HELLENIC REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, THE PROVISIONS OF ARTICLE 48 OF THE TREATY ARE FULLY APPLICABLE, BEFORE 1 JANUARY 1988, ONLY TO NATIONALS OF OTHER MEMBER STATES ALREADY EMPLOYED IN GREECE AND TO MEMBERS OF THEIR FAMILY WHO FULFIL CERTAIN CONDITIONS CONCERNING LENGTH OF RESIDENCE IN GREECE . IT IS THEREFORE SOLELY ON ACCOUNT OF THE DISCRIMINATION PRACTISED TO THE DETRIMENT OF THOSE TWO CATEGORIES OF PERSONS THAT THE COMMISSION HAS CHARGED THE HELLENIC REPUBLIC WITH FAILING TO FULFIL ITS OBLIGATIONS .
21 THAT ARGUMENT WHICH, WITHIN THOSE LIMITS, HAS NOT BEEN CHALLENGED BY THE GREEK GOVERNMENT, MUST BE REGARDED AS WELL FOUNDED, BUT ONLY IN SO FAR AS IT RELATES TO THE POSTS OF DIRECTOR AND TEACHER IN "FRONTISTIRIA" AND IN PRIVATE MUSIC AND DANCING SCHOOLS .
22 IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT THE COMMISSION' S APPLICATION MUST