CELEX: 62007CJ0564
Failure of a Member State to fulfil obligations
Article 49 EC
Freedom to provide services
Patent lawyers
Obligation to take out professional indemnity insurance
Obligation to appoint an approved agent in the Member State in which the services are to be performed

Failure of a Member State to fulfil obligations – Infringement of Article 49 EC – Requirements imposed by national legislation
on patent lawyers lawfully established in other Member States in relation to the performance of services, on a temporary basis,
in the Member State concerned – Obligation to enrol in the national register, to hold for those purposes professional indemnity
insurance, to agree to be bound by all the national disciplinary rules other than those related to professional qualifications
and to act in cooperation with a local agent.
Operative part
The Court:
1.
Declares that, by obliging patent lawyers lawfully established in another Member State who wish temporarily to perform services
in Austria to appoint an approved agent resident in Austria, the Republic of Austria has failed to fulfil its obligations
under Article 49 EC;
2.
Dismisses the action as to the remainder;
3.
Orders each party to bear its own costs.