C-58/98

CORSTEN

OPINION OF ADVOCATE GENERAL COSMAS delivered o n 3 0 N o v e m b e r 1 9 9 9 *

Table of contents

I — Introduction I - 7921 II — Legal framework I - 7922 A — Community law I - 7922 B — National law I - 7925 III — Facts I - 7926 IV — The question referred for a preliminary ruling I - 7927 V — The reply to the question referred for a preliminary ruling I - 7927 A — Formulation of the question referred for a preliminary ruling I - 7928 B — Substance I - 7928 (a) Requirement to be entered on the Skilled Trades Register under German law I - 7928 (b)Directive 64/427 I-7930 (c) Article 59 et seq. of the Treaty I - 7935 VI — Conclusion I - 7941

I — Introduction question to the Court on the interpretation of the rules of Community law regarding freedom to provide services. The Court is principally asked whether and to what 1. By the present reference for a prelimin- degree a Member State is able to require, ary ruling pursuant to Article 177 of the as a condition for the provision of skilled EC Treaty (now Article 234 EC), the trade services (laying of composition floors) Amtsgericht Heinsberg (Local Court, in its territory by an undertaking allowed Heinsberg) (Germany) has submitted a to pursue its activity in the Member State in which it is established, that it be entered on its national skilled trades register. ° Original language: Greek.

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CORSTEN

5. Article 56(1) of the EC Treaty (now, which was recently repealed by Directive after amendment, Article 46(1) EC) pro- 1999/42/EC,4 provided for a system of vides that: mutual recognition of experience acquired in the Member State from which the person in question comes and was applicable both to establishment and provision of services in another Member State.

'The provisions of this Chapter and mea- sures taken in pursuance thereof shall not prejudice the applicability of provisions 7. In particular, Article 3 of Directive laid down by law, regulation or adminis- 64/427 provided that: trative action providing for special treat- ment for foreign nationals on grounds of public policy, public security or public health.'

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OPINION OF MR COSMAS — CASE C-58/98

another Member State for any of the professional body as fully satisfying its following periods: requirements.

(a) six consecutive years either in an inde- In the cases referred to in subparagraphs (a) pendent capacity or as a person respon- and (c) pursuit of the activity shall not have sible for managing an undertaking; or ceased more than 10 years before the date when the application provided for in Arti- cle 4(3) is made.'

(b) three consecutive years either in an independent capacity or as a person 8. In addition, according to Article 4 of responsible for managing an undertak- Directive 64/427: ing, where the beneficiary can prove that for the occupation in question he has received at least three years' pre- vious training, attested by a certificate recognised by the State, or regarded by the competent professional body as 'For the purpose of applying Article 3: fully satisfying its requirements; or

1. Member States in which the taking up and pursuit of any occupation referred to in (c) three consecutive years in an indepen- Article 1(2) is subject to the possession of dent capacity, where the beneficiary general, commercial or professional knowl- can prove that he has pursued the edge or ability shall, with the assistance of occupation in question for at least five the Commission, inform the other Member years in a non-independent capacity; or States of the main characteristics of that occupation (description of the activities covered by the occupation).

Member State in which the beneficiary 11. Paragraph 8 of the HandwO provides wishes to pursue such occupation, whether that in exceptional cases authorisation to permanently or temporarily. be entered on the Skilled Trades Register (exceptional authorisation) is to be granted if the applicant is able to show the knowl- edge and skill required to pursue the skilled trade to be carried on by him in an independent capacity. 3. The host Member State shall grant authorisation to pursue the activity in question on application by the person concerned, provided that the activity certi- fied conforms to the main features of the description of the activity communicated pursuant to paragraph 1 and provided that 12. In addition, according to Paragraph 9 any other requirements laid down by the of the HandwO, within the framework of rules of that State are satisfied.' the application of European Community directives relating to freedom of establish- ment and freedom to provide services, the Federal Minister for the Economy is authorised to determine the conditions under which nationals of the Member States may obtain exceptional authorisa- tion to be entered on the Skilled Trades B — National law Register apart from the cases provided for in Paragraph 8(1).

9. As the order for reference indicates, anyone practising a craft or trade in Germany must be entered on the 'Skilled Trades Register' (Paragraph 1(1), first sen- tence, of the Handwerksordnung (Skilled 13. Pursuant to Paragraph 9 of the Trades Order — 'the HandwO')). HandwO, regulations (Verordnung) were adopted on 4 August 1966 which trans- posed into German law the provisions of Articles 3 and 4(2) and (3) of Directive 64/427 ('the EC skilled trades rules').

for being entered on the Skilled Trades the EC skilled trades rules have been Register are as follows: fulfilled and forwards the certificate to the Regierungspräsident (President of the Land) together with an application by the tradesman for exceptional authorisation, in respect of which a fee of between DEM 300 and DEM 500 is payable. If the exceptional If the foreign contractor has completed an authorisation is granted, it is sent to the appropriate training, leading either to a tradesman's home address once the fee is master's examination (Meisterprüfung) or paid. He must then apply, with the excep- to a certificate of proficiency (Fachdiplom), tional authorisation, to the Chamber to be he must show that he has worked in his entered on the Skilled Trades Register. In country of origin either for a period of addition, he must produce a recent extract three years in an independent capacity or from the Business Register and pay an for a period of five years in a managerial application fee. A German skilled trades- capacity. If the foreign contractor does not man's card is then sent to him at his need a proficiency certificate or to pass an business address. From that point on, the examination in his country of origin in foreign tradesman is authorised to carry on order to carry on his trade, he must show skilled activities in Germany. that he has been doing so for at least six consecutive years in his country of origin. In no circumstances may such activity have ceased more than ten years earlier.

As the Commission indicates in its written observations, the above procedure seems to apply whether the skilled trade undertaking 15. As is also indicated in the order for intends to carry on its activities in Germany reference, the procedure for a foreign on a long-term basis or only temporarily. undertaking wishing to be entered on the German Skilled Trades Register on the basis of the above conditions is as follows:

18. By a 'Bußgeldbescheid' (administrative order imposing a fine) of 2 January 1996, the competent German authority imposed on Mr Corsten a penalty of DEM 2 000 for 'Is it compatible with Community law on breach of Paragraph 2 of the Law against the freedom to provide services for a black market work (Gesetz zur Bekämp- Netherlands undertaking, which in the fung der Schwarzarbeit, 'the SchwArbG'). 5 Netherlands satisfies all the conditions for According to that Law (a combination of carrying on a commercial activity, to have the provisions of Paragraphs 2(1)(1) and to satisfy further — albeit purely for- 1(1)(3)), an administrative penalty is to be mal — conditions (in this case to be imposed upon anyone who entrusts work entered on the Skilled Trades Register) in to undertakings which are not entered on order to carry on that activity in Germany?' the German Skilled Trades Register. In that connection it is worth pointing out that in Germany the laying of composition floors constitutes a skilled trade activity.

V — The reply to the question referred for 19. Mr Corsten lodged an objection ('Ein- a preliminary ruling spruch') against the above order imposing an administrative penalty before the Amts- gericht Heinsberg.

21. I shall examine the substance of the 5 — By decision of 9 October 1995 it had also barred the question submitted for a preliminary ruling Netherlands undertaking front continuing to lay composi- tion floors in Germany. In an order of the same date it had further imposed a penalty of DEM 1 000 on the under- (B), after initially making certain observa- taking for breach of Paragraphs 1 and 117 of the HandwO. tions about its formulation (A).

22. Regarding the formulation of the ques- tion referred for a preliminary ruling, I would point out that, in the context of Article 177 of the Treaty, the Court does not pronounce upon the interpretation or B — Substance validity of national provisions, or on whe- ther those provisions are compatible with Community law, but provides the national court with all the necessary guidance on interpretation to enable that court to decide 24. In order to answer the question referred for itself whether a provision of national for a preliminary ruling it is first necessary law is compatible with the Community to analyse the requirement to be entered on rules. 6 the Skilled Trades Register which is imposed by the provisions of German law at issue (a). That analysis will establish the boundaries for, second, the interpretation sought by the national court of the relevant rules of Community law which safeguard the freedom to provide services, namely Directive 64/427(b) and Article 59 et seq. of the Treaty (c). 23. Consequently, it must be considered that the question referred for a preliminary ruling by the Amtsgericht Heinsberg con- cerns the question whether the rules of Community law on freedom to provide services and, in particular, Article 59 et seq. of the Treaty and Directive 64/427, are to be construed in such a way that they (a) Requirement to be entered on the conflict with national provisions of a Skilled Trades Register under German law Member State (the host Member State) according to which an undertaking which satisfies, in the Member State in which it is established, all the conditions for carrying 25. In order to ensure that the interpreta- tion requested of the rules of Community 6 — See, for example, Case 27/74 Demag [1974] ECR 1037, paragraph 8; Case 22/80 Boussac v Gerstenmeier [1980] law is appropriate and useful, it is neces- ECR 3427, paragraph J; Case C-69/88 Krantz [1990] ECR sary to determine exactly the content, the 1-583, paragraph 7; and Case C-204/90 Bachmann [1992] ECR I-249, paragraph 6. extent and in general the onerousness of the

8 — Sec above, point 1 5 of my Opinion. In its written observa- tions, and in particular at the hearing, Kreis Heinsberg cast doubt upon the correctness of the information supplied by the national coutt relating to the Getman legal framework. As far as that is concerned, it must be emphasised that the interpretation and exact determination of the national legal 26. The requirement for undertakings of framework in Germany falls within the competence of the national court, and that the Court of lustice is not in a other Member States to be entered on the position to reach a decision tin the doubts raised by Kreis domestic Skilled Trades Register in Ger- Heinsberg. In addition, as I shall indicate later when analysing the various issues, the new vetsion of national many if they intend to carry on their law which Kreis Heinsberg wishes to convey by means of the doubts it has expressed is not always entirely clear, and, activity in that Member State must be in certain respects, does not appear to be of use in answering interpreted within the framework estab- the questions on the interpretation of the Community law raised in the present case. The reply given by the Court to lished by the more general system of the the question referred for a preliminary ruling can thetefore only be based on the information provided to it by the HandwO and the EC skilled trades rules, national court. In any case, it falls to the latter court to cross-check the position in the light of the observations of which determine the procedure for recog- Kteis Heinsberg and, if it tevises its view, to adapt the nising experience acquired in other Mem- conclusions of the Court accordingly, on the basis that it can, if it considers it necessary, refer a further question for a ber States. preliminary ruling to the Court. 9 — According to Kreis Heinsberg, it is not necessary to submit a recent extract from the Business Register, nor to pay a fee to obtain the extract. It is a matter for the national coutt to 7 — Sec above, point 11 of my Opinion. investigate the correctness of those assertions.

10 — On that point, it should be noted that Kreis Heinsberg stressed at the hearing that the presentation by the national court of the procedure for the recognition of experience under German law is erroneous in that it accepts that the tradesman concerned, presenting his exceptional author- Firstly, registration constitutes a formal isation, is requesting the relevant Chamber to enter him on requirement for the right to carry on skilled the Skilled Trades Register. Initially, Kreis Heinsberg maintained that there is a right to be entered on the trade activities in a Member State, such as Register without any further requirement of checking, provided the documentation is submitted. Consequently, if Germany. the competent administrative authority has granted an exceptional authorisation to be registered, it transmits that document to the Chamber which proceeds officially to register the entry on the basis of the exceptional author- isation. Subsequently, Kreis Heinsberg stressed that, although the exceptional authorisation and entry on the Skilled Trades Register constitute two separate adminis- trative acts and although it is correct that an application fee is payable for each one, it should be regarded asa single procedure. What is important is that the competent administrative authority takes the authorisation decision, having consulted the Chamber, which effects registration. Moreover, according to Kreis Heinsberg, anyone who requests exceptional authorisation to be registered obtains it, Decause national law so provides. To the extent to which I can claim to have understood the Secondly, registration is not an automatic procedure which Kreis Heinsberg describes, I consider that the latter does not essentially dispute the fact that, for consequence of the granting of exceptional registration on the Skilled Trades Register, which consti- authorisation to carry on a skilled trade tutes a separate administrative act, the foreign tradesman is required to make a separate application. What Kreis activity, because the authority which grants Heinsberg thus appears to mean, when it refers to automatic or official registration, is that, when the trades- the exceptional authorisation does not send man presents the exceptional authorisation, there is an obligation, that is, a mandatory duty, to enter him on the the details of the beneficiary of the grant Register. The fact, however, that there is a substantive directly to the relevant Chamber, so that he requirement to enter him does not obviate the obligation upon the tradesman to make a further, second application, can be entered without further formality on and that therefore removes the 'automatic' character of registration. the Skilled Trades Register; rather, a sepa-

31. Here it should be noted that at no point in the above system of rules determining the procedure for recognising experience in other Member States does it appear that Second, the host Member State was obliged any issue arises of incompatibility with the to issue such authorisation when the con- rules of primary Community law safe- ditions of Article 3 of the Directive were guarding the freedom to provide services. fulfilled, as well as any other requirement Moreover, in the few cases in which the laid down in that Member State's provi- Court has been concerned with the inter- sions. Whilst checking that those condi- tions were fulfilled, the host Member State was bound by the declarations contained in 12 — See on this point De Castro Freitas and Escallier, cited above, paragraph 29. However, as is mentioned in chat judgment, where there are objective factors which lead the host State to consider that the certificate produced contains manifest inaccuracies, that State may approach 11—See Joined Cases C-193/97 and C-194/97 De Castro the Member State of origin with a view to requesting Freitas and Escallier [1998] ECR I-6747, paragraph 19. additional information (paragraph 30).

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Member State. In particular, it appears that the provisions of German law in fact base such recognition on the issue of an admin- istrative authorisation, which takes 35. First of all it must be pointed out that, account, as evidence of experience and in laying down the basic principles of the specific knowledge acquired, of the certifi- cate from the original Member State. 14 — On that point it is worth noting that, at the hearing, Kreis Heinsberg, whilst accepting that documentary evidence should be presented in German, doubted that the applica- tion had to be made in person, and insisted that it could be sent by post, either to the Chamber or to the competent administrative authority.

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CORSTEN

Directive. On the contrary, Article 4(3) of States, those States were in principle com- Directive 64/427 clearly provided for the petent to determine the procedural condi- possible imposition of such conditions by tions for the granting of authorisation to the host Member State. pursue the activities in question as well, even in a case in which those conditions did not fall within the scope of application of Article 56 of the Treaty relating to the protection of public policy, public security

As the decision in De Castro Freitas and Escal- Court indicated in De Castro Freitas and lier, 15 in which it held that, failing harmo- Escallier, 18as regards the substantive con- nisation of conditions for taking up and ditions for the recognition of the right to pursuing the activities in question, 'the provide services in host Member States, Member States remain, in principle, com- those States must, when exercising their petent to define the general, commercial or powers in that area, 'respect both the basic professional knowledge and ability neces- freedoms guaranteed by Articles 52 and 59 sary in order to engage in the activities in question and to require production of diplomas, certificates or other formal evi- 17 — Similarly, the Court has on the one hand stated that dence attesting that applicants possess such 'national rules which are not applicable to (the provision knowledge and ability.' 16 In that connec- of] services without discrimination as regards their origin are compatible with Community law only if they can he tion, I consider that, as regards the condi- brought within the scope of an express exemption, such as that contained in Article 56 of the Treaty', and, on the tions referred to in the recognition proce- other hand, that 'in the absence of harmonisation of the rules applicable to services, or even of a system of dure concerning the requisite knowledge equivalence, restrictions on the freedom guaranteed by and ability for the pursuit of the activities the Treaty in this field may arise in the second place as a result of the application of national rules which affect any in question, such as, in this case, the person established in the national territory to persons providing services established in the territory of another Member State who already have to satisfy the require- ments of their State's legislation' (see Case C-288/89 Collectieve Aiitenneroorziennig Couda [1999] 15 — Cited above in footnote 11. ECR I-4007, paragraphs 11 and 12). 16 — Paragraph 2 1 . 18 — Cited above i n footnote 11.

of the Treaty and the effectiveness of a appear to have a negative effect on the directive laying down transitional mea- general application of the procedural prin- sures.' 19 ciples set out in Article 4 of the Directive, which appear to be observed during the first stage of the procedure laid down by the provisions of the HandwO and the EC skilled trades rules. 20 However, I consider that the effectiveness of those principles may be jeopardised in view of the particu- 38. In view of the above, it must therefore lar characteristics of entry on the Skilled be accepted that the power which a Mem- Trades Register as provided for in German ber State such as Germany in principle has law. Specifically, that requirement of regis- to provide that an undertaking which tration, which constitutes an essential wishes to carry on a skilled trade activity formality as regards the right to pursue a in that State is required to be entered on the skilled trade in Germany that is only Skilled Trades Register should be exercised fulfilled by a further application submitted in such a way as to be compatible both with by the undertaking concerned, although it the principles governing the freedom to has been previously decided that the under- provide services which is guaranteed by taking fulfils all the essential conditions for Article 59 et seq. of the Treaty and with the the legal pursuit of the skilled trade activity effectiveness of the provisions of Directive and consequently there is no further need 64/427. The compatibility of the way in for a check on the basis of the system which this power is exercised with Arti- provided for in Article 4 of Directive cle 59 et seq. of the Treaty will be exam- 64/427, appears to make significantly more ined below. On that point I shall confine difficult — in terms of time and expendi- myself to examining its compatibility with ture —· the procedure for granting the the effectiveness of the provisions of Direc- necessary authorisation, the first stage of tive 64/427 and, more particularly, of the which is already burdensome. 21 That over- procedure for recognition of experience all encumbering effect can undermine — laid down in Article 4 of that Directive. and in any event does not secure — the effectiveness of the procedural principles laid down in Article 4 of the Directive, just as it would have no practical importance if those principles could be observed for- mally, but the issuing of the relevant authorisation sought was not ultimately of 39. In so far as it constitutes a separate any use because of the length of time taken, stage of the procedure for recognition of the possible high expenditure and the the right to carry on a skilled trade in general difficulty of the whole procedure, Germany, which is procedurally indepen- particularly for undertakings which are dent of and subsequent to the stage at interested in pursuing isolated or generally which the substantive conditions for recog- temporary activities in the host State. As I nition of the right in question are verified, shall explain in more detail below, this at first sight the requirement to be entered in the Skilled Trades Register does not

22 — On that point it is worth noting that, in the present case, it could not be disputed — by way of analogy with Joined Cases C-267/91 and C-268/91 Keck and Mitbouard [1993] ECR I-6097, paragraph 16, according to which a measure which does not give rise to discrimination and which (c) Article 59 et seq. of the Treaty relates to selling arrangements does not fall within the field of application of Article 30 of the EEC Treaty — that the procedure in question falls under Article 59 of the EC Treaty. It is indubitable that the measures which regulate the procedures for the granting of authorisation to pursue skilled trade activities in Germany, which include the disputed obligation to be entered on the Skilled Trades 41. As the Commission correctly points out Register, relate directly to access to the market for skilled trade services in the Member States and consequently in its observations, in laying down the constitute procedural restrictions on the inter-Community market for services (see also below, point 45 of my procedure for authorisation provided for in Opinion). In accordance therefore with Case C-384/93 Article 4(3) of Directive 64/427, the host Alpine Investments [1995] ECR I-1141, paragraphs 28 and 33 to 38, in such a situation it is not possible to apply Member State should take into considera- Keck and Mitbouard by analogy. tion the general principles which the Court 23 — See, for example. Case 205/84 Commission v Germany [1986] ECR 3755, paragraph 25. has developed in its case-law relating to 24 —Sec Case C-3/95 Reisebüro Broede [1996] ECR I-6511, Article 59 et seq. of the Treaty which paragraph 25.

the general interest and are applied to all a skilled trade activity in Germany that it persons and undertakings operating in the be entered on the Skilled Trades Register of territory of the State where the service is that State, appears to constitute a restric- provided, in so far as that interest is not tion which could impede, defer, preclude or safeguarded by the rules to which the render less attractive the activities of the provider of such a service is subject in the provider of services in the host Member Member State where he is established'. 25 State, in spite of the fact that the above requirement is applied without distinction to national providers of services as well as to those from other Member States. 28 I come to the above conclusion taking into consideration the features of the require- ment to be entered on the Register in

objective. In other words, it must not be tion makes the procedure more burden- possible to obtain the same result by less some in terms of time and expenditure, it restrictive rules'. 26 In that connection, the becomes apparent that the requirement to Court has repeatedly held that 'a Member be entered on the Skilled Trades Register, as State may not make the provision of provided for in Germany, may make the services in its territory subject to compli- pursuit of such activities in the host Mem- ance with all the conditions required for ber State less attractive. As the Commission

45. In the light of the Court's case-law, the imposition of a requirement on an under- taking of a Member State seeking to pursue 28 — It could also be maintained that the requirement to be entered on the Skilled Trades Register constitutes a restriction simply because it is a formal condition for 25 —See Case C-43/93 Vander Elst [1994] ECR I-3803, access to the market in services, without there being any need to examine whether the condition could be easily paragraph 16. satisfied (that constitutes a factor affecting the determina- 26 — See Collectieve Antennevoorziening Gouda, cited above in tion as to whether the restriction is justified or not).

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CORSTEN

established in other Member States would to certain elements which stand out clearly then seem even less attractive. when the criteria of the case-law and the features of the requirement to be entered on the Skilled Trades Register in Germany, as it is described in the order for reference, are compared.

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Con- relevant activities pursued contribute indir- trary to the assertion of the Austrian ectly to a general improvement in the Government, in my opinion it is indubita- quality of skilled trade services provided ble that both the protection of the recipi- in the host Member State. 33 ents of services by means of the collection, registration and making available of the details of the undertakings which are providing them and the ability to control the way in which those services are pro- vided must also be safeguarded in the case of undertakings which provide them tem- 32 — Regarding the requirement for foreign undertakings to be entered on national registers, Kreis Heinsberg puts forward porarily or even once only.

of Trades. In other words, the Register has a regulatory function and serves to inform the authorities and users of recipients of those services. skilled trade services about the persons who have author- isation to provide, in an independent capacity, such services in the area covered by the local Chamber of Trades. 33 — As the Commission rightly indicated at the hearing, safeguarding the quality of the skilled trade services rendered could not, alone, directly justify the requirement to be entered on the Skilled Trades Register, inasmuch as that quality is sufficiently safeguarded by the exceptional authorisation to pursue the activities in question, which is granted before entry on the Register. On that point it must also be noted that, according to the German Government, entry on the Skilled Trades Register results in compulsory membership of a Chamber of Trades, which serves to maintain the standard of services rendered and professional efficiency in the skilled trades sector, and contributes to their improvement by means of a system of dual training (practical and professional training) for the entire industrial and trades economy.

In such a case, the their pursuit, combined with the particula- national court may, if it considers it necessary, refer a rities of that State in the fields of public further question for a preliminary ruling to the Court. security, public health and public policy,

51. As regards the suitability of the require- ment to be entered on the Skilled Trades Register of the local German Chamber, I 53. More particularly, the registration pro- consider that such a form of registration cedure provided for in German law appears does in fact serve the particular aims of to restrict — in the sense that it makes it ensuring that information is available, of less attractive — the provision of services, controlling the manner in which the activ- to a degree which is not really essential in ities are pursued, and, above all, of pro- order to satisfy the overriding public inter- tecting the recipients of skilled trade ser- est in being able to regulate the provision of vices supplied by undertakings established skilled trade services and in the protection in other Member States. That requirement of the recipients of those services. In fact, it appears to constitute an effective measure is not justified, because, in order to ensure for achieving the above aims, whilst it is the necessary entry on the Register, another difficult to imagine any other means by procedure has to be set in motion, with the which the necessary details relating to an submission of an application and certifi- undertaking could be made available in one cates and the payment of fees. That further place. procedure does not appear to serve the above overriding public interest at all, whilst at the same time it makes the whole procedure to secure the right to pursue skilled trade activities in the host Member State more difficult. The public interest in question could be better served by auto- matic registration, via the administration, on the basis of data collected at the stage when exceptional authorisation is granted, without delaying and complicating the 52. However, as regards its proportionality possibility of providing services or making stricto sensu, it is undoubtedly apparent the provision of services more difficult by

54. In that connection, Kreis Heinsberg, 55. Regarding the above observation, it drawing attention to lacunae in the descrip- must of course be remembered that the tion of the national legal framework in the interpretation and exact determination of order for reference, observes that for rea- the German national legal framework falls sons related to the person making the to the national court and that the Court of application or because of particular diffi- Justice is not in a position to rule on the culties (for example, if there is a great doubts raised by Kreis Heinsberg concern- distance between the place where the ing the description of the national provi- undertaking is based and the Chamber), sions governing entry on the Skilled Trades entry on the Skilled Trades Register and the Register.

not appear to be curable, either by making and freedom to provide services (OJ 1985 L 223, p. 15). provision on an exceptional basis — that Inter alia that article provides: 'Where a Member State requires of its own nationals wishing to take up or pursue is to say, in special circumstances — for the activities referred to in Article 1 either an authorisation from or membership of or registration with a professional speeding-up procedures, or by the possible organisation or body, that Member State shall, in the case reduction or abolition of certain require- of provision of services, exempt nationals of other Member States from that requirement. ments for certificates or application fees. The person concerned shall provide services with the same Since registration is an essential formality rights and obligations as nationals of the host Member State; in particular he shall be subject to the rules of for access to the provision of services, in conduct of a professional or administrative nature which any case in which registration is not

Rules similar to the above are, moreover, enacted in Article 17(1) of Council in German law, contravenes Article 59 et Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors, and the mutual recognition of their seq. of the Treaty guaranteeing the freedom diplomas, certificates and other evidence of formal quali- to provide services. fications (OJ 1993 L 165, p. 1).