Opinion of Mr Advocate General Lenz delivered on 19 September 1991

1 Original language: German.

2 OJ 1982 L 213, p. 1.

3 Compare the judgment in Case 283/86 Commission v Belgium [1988] ECR 3271 and the judgment in Case 310/86 Commission v Italy [1988] ECR 3987.

4 That is the view taken in the consistent case-law on the transposition of directives: see, for example, judgment in Case C-53/88 Commission v Greece [1990] ECR I-3917, paragraph 8.

5 Regulation of the Council concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community (OJ, English Special Edition 1959-62, p. 60)

6 See, for example, judgment in Case 239/85 Commission v Belgium [1986] ECR 3645, paragraph 7

7 See judgment in Case C-36I/88 Commission v Germany [1991] ECR I-2567, paragraph 20.

8 See Article 4(1)(b) of the Law, which requires that no prison sentence of more than three months may have been imposed for certain offences, evidence of which is to be furnished by an extract from the judicial record.

9 See Article 4(2)(b), which requires a certificate from the registrar of the competent court of first instance.

10 See Article 4(1)(c) and (2)(d), where, as evidence of general knowledge (see Article 6(3) of Directive 82/470), a final diploma of secondary education of a certain level is required.

11 See paragraph (2): That permission shall be granted ... (emphasis added).

12 See paragraph (3): Appropriate permission may ... be granted ... (emphasis added).

13 Sec Article 5(l)(a) oi lhe Law

14 See Amele 5(l)(b) oi lhe Liw

15 This wide scope is necessary to achieve not only the freedom to provide services but aiso the freedom of establishment: sec judgment in Case 197/84 Steinhauser v City of Biarritz [1985] ECR 1819, paragraph 16.

16 Judgment in Case 147/86 Commission v Greece [1988] ECR 1637, paragraph 8.

17 Judgment in Ose 2/74 Reyners v Belgium [19741 ECR 631

18 Judgment in the Reyners case, cited above, paragraphs 45 and 54 and paragraph 2 of the operative part, confirmed in the judgment in Case C-3/88 Commission v Italy [1989Ì ECR 4035

19 Judgment in the Reyners case, cued above, paragraph 51 et scq

20 Judgment in the Reyners case, cued above, paragraph 53

21 See, on that point, iiidgmcnt in Case 147/86, cued above, paragraph 10

22 See in that respect judgment in Case 143/83 Commission v Denmark [1985] ECR 427, paragraph 12 et seq.

23 Communication from the Commission concerning the proofs, declarations and certificates relating to: good repute, absence of previous bankruptcy, nature and duration of activity in country of provenance, provided for in Council Directives adopted before 1 June 1973 in the field of freedom of establishment and freedom to provide services (OJ 1974 C 81, p. 1).

24 Sec the list of directives to which the Commission's communication — sec previous footnote — is applicable: Annex 2 to the communication.