C-38/87

2. As regards the professions of civil engineer, architect and surveyor, the Hellenic Republic claims that the rules at 6. Attention must be drawn to the fact that issue merely impose upon Greek graduates the legislation at issue makes no provision in the obligation to enrol with the Technical that regard. But such a difference of views Chamber of Greece, which must grant such as to the scope of the contested provisions enrolment, and do not impose a similar makes it clear that they involve, at the very requirement upon Community nationals. least, a significant margin of discretion, assuming that, leaving aside the two specific cases which I have just mentioned, the legis­ lation does not prevent the enrolment of Community nationals. Furthermore, I 3. In the first place, as was confirmed at the cannot fail to mention the fact that by a hearing, enrolment with the Technical letter dated 17 July 1986, in response to the Chamber of Greece is in any event a reasoned opinion, the Permanent Represen­ precondition for practising the professions tation of the Hellenic Republic to the concerned. Moreover, certain rights (such as Communities stated: recovery of fees and training) derive from membership of that Chamber. Accordingly, the conditions for membership of the Technical Chamber should be absolutely the 'As regards the discrimination on the basis same both for Greeks and for other of nationality which exists in respect of Community nationals, by virtue of the access to the professions of architect, civil principle of national treatment. Can the engineer, surveyor and lawyer, the contested rules be regarded as taking Ministries responsible have already initiated account of that requirement? the procedure for drafting the relevant legis-

lative provisions which will remove the very nature may be changed at the will of nationality condition'. the administration and are not adequately publicized, cannot be regarded as ensuring due compliance with the obligations 7. There could be no clearer admission of imposed by the Treaty. the existence of discrimination in positive law, and that letter post-dates Law No 9. In so far as the exercise of the 1486/84 which, according to the Greek professions concerned is conditional upon Government's defence, removed the enrolment with the Technical Chamber and condition of nationality. no distinction is drawn between permanent and temporary exercise of those professions, the grounds which prompt me to conclude

The question of its Treaty obligations. And the Court also remains open whether, in the field of the stated that the possibility of applying a provision of services, the obligation to enrol general principle of national law enabling is lawful, even though it may involve no the contested provision to be interpreted as discrimination. A review of that question, being in conformity with Community law which is similar to those raised in particular 4 nevertheless leaves some doubts about the in the cases of Van Binsbergen 3and Webb, position under the applicable law. does not come within the terms of the Accordingly, in this case, the interpretation present application. Here we need merely of the Greek rules adopted by the Technical satisfy ourselves that the essential principle Chamber regarding the enrolment of of non-discrimination contained in the third Community nationals does not constitute a paragraph of Article 60 of the Treaty has sufficient basis for ensuring compliance with not been contravened with respect to the the requirements laid down by the Treaty. provision of services. That is a matter of administrative practice which, even if consistent, does not affect the existence of an infringement of Treaty obli

491. 2 — Judgment of 15 October 1986, Case 168/85 [1986] ECR 3 — Judgment of 3 December 1974 in Case 33/74 [1974] ECR 2945; the same conclusion was reached in the judgment of 1299. 13 October 1987 in Case 236/85 Commission v Netherlands 4 — Judgment of 17 December 1981 in Case 279/80 [1981] [1987] ECR 3989. ECR 3305.