PROVIDE SERVICES WITHIN THE COMMUNITY SHALL BE PROGRESSIVELY ABOLISHED DURING THE TRANSITIONAL PERIOD IN RESPECT OF NATIONALS OF MEMBER STATES WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED " .
8 HAVING DEFINED THE CONCEPT " SERVICES " WITHIN THE MEANING OF THE TREATY IN ITS FIRST AND SECOND PARAGRAPHS, ARTICLE 60 LAYS DOWN IN THE THIRD PARAGRAPH THAT, WITHOUT PREJUDICE TO THE PROVISIONS OF THE CHAPTER RELATING TO THE RIGHT OF ESTABLISHMENT, THE PERSON PROVIDING A SERVICE MAY, IN ORDER TO PROVIDE THAT SERVICE, TEMPORARILY PURSUE HIS ACTIVITY IN THE STATE WHERE THE SERVICE IS PROVIDED, UNDER THE SAME CONDITIONS AS ARE IMPOSED BY THAT STATE ON ITS OWN NATIONALS .
9 THE QUESTION PUT BY THE NATIONAL COURT THEREFORE SEEKS TO DETERMINE WHETHER THE REQUIREMENT THAT LEGAL REPRESENTATIVES BE PERMANENTLY ESTABLISHED WITHIN THE TERRITORY OF THE STATE WHERE THE SERVICE IS TO BE PROVIDED CAN BE RECONCILED WITH THE PROHIBITION, UNDER ARTICLES 59 AND 60, ON ALL RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES WITHIN THE COMMUNITY .
10 THE RESTRICTIONS TO BE ABOLISHED PURSUANT TO ARTICLES 59 AND 60 INCLUDE ALL REQUIREMENTS IMPOSED ON THE PERSON PROVIDING THE SERVICE BY REASON IN PARTICULAR OF HIS NATIONALITY OR OF THE FACT THAT HE DOES NOT HABITUALLY RESIDE IN THE STATE WHERE THE SERVICE IS PROVIDED, WHICH DO NOT APPLY TO PERSONS ESTABLISHED WITHIN THE NATIONAL TERRITORY OR WHICH MAY PREVENT OR OTHERWISE OBSTRUCT THE ACTIVITIES OF THE PERSON PROVIDING THE SERVICE .
11 IN PARTICULAR, A REQUIREMENT THAT THE PERSON PROVIDING THE SERVICE MUST BE HABITUALLY RESIDENT WITHIN THE TERRITORY OF THE STATE WHERE THE SERVICE IS TO BE PROVIDED MAY, ACCORDING TO THE CIRCUMSTANCES, HAVE THE RESULT OF DEPRIVING ARTICLE 59 OF ALL USEFUL EFFECT, IN VIEW OF THE FACT THAT THE PRECISE OBJECT OF THAT ARTICLE IS TO ABOLISH RESTRICTIONS ON FREEDOM TO PROVIDE SERVICES IMPOSED ON PERSONS WHO ARE NOT ESTABLISHED IN THE STATE WHERE THE SERVICE IS TO BE PROVIDED .
12 HOWEVER, TAKING INTO ACCOUNT THE PARTICULAR NATURE OF THE SERVICES TO BE PROVIDED, SPECIFIC REQUIREMENTS IMPOSED ON THE PERSON PROVIDING THE SERVICE CANNOT BE CONSIDERED INCOMPATIBLE WITH THE TREATY WHERE THEY HAVE AS THEIR PURPOSE THE APPLICATION OF PROFESSIONAL RULES JUSTIFIED BY THE GENERAL GOOD - IN PARTICULAR RULES RELATING TO ORGANIZATION, QUALIFICATIONS, PROFESSIONAL ETHICS, SUPERVISION AND LIABILITY - WHICH ARE BINDING UPON ANY PERSON ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS PROVIDED, WHERE THE PERSON PROVIDING THE SERVICE WOULD ESCAPE FROM THE AMBIT OF THOSE RULES BEING ESTABLISHED IN ANOTHER MEMBER STATE .
13 LIKEWISE, A MEMBER STATE CANNOT BE DENIED THE RIGHT TO TAKE MEASURES TO PREVENT THE EXERCISE BY A PERSON PROVIDING SERVICES WHOSE ACTIVITY IS ENTIRELY OR PRINCIPALLY DIRECTED TOWARDS ITS TERRITORY OF THE FREEDOM GUARANTEED BY ARTICLE 59 FOR THE PURPOSE OF AVOIDING THE PROFESSIONAL RULES OF CONDUCT WHICH WOULD BE APPLICABLE TO HIM IF HE WERE ESTABLISHED WITHIN THAT STATE; SUCH A