# C_2015354EN.01001102.xml

| 26.10.2015 | EN | Official Journal of the European Union | C 354/11 |
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26.10.2015

EN

Official Journal of the European Union

C 354/11

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Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 8 July 2015 — Leopoldine Gertraud Piringer

(Case C-342/15)

(2015/C 354/14)

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant and appellant: Leopoldine Gertraud Piringer

Applicant and appellant:

Questions referred

Questions referred

| 1. | Is Article 1(1), second sentence, of Council Directive 77/249/EEC (1) of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services to be interpreted as enabling a Member State to exclude certification of the authenticity of signatures on instruments which are necessary for the creation or transfer of rights to property from the freedom to provide services by lawyers and to reserve the provision of this service to public notaries? |
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1.

Is Article 1(1), second sentence, of Council Directive 77/249/EEC (1) of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services to be interpreted as enabling a Member State to exclude certification of the authenticity of signatures on instruments which are necessary for the creation or transfer of rights to property from the freedom to provide services by lawyers and to reserve the provision of this service to public notaries?

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| 2. | Is Article 56 of the Treaty on the Functioning of the European Union to be interpreted as not precluding a national provision of the State of registry (Austria) under which certification of the authenticity of signatures on instruments which are necessary for the creation or transfer of rights to property is reserved to public notaries, with the effect that a declaration of the authenticity of a signature by a lawyer established in the Czech Republic made in his State of establishment is not recognised in the State of registry, despite this declaration being accorded the legal effect of an official certification under Czech law,
  in particular because,






  a. | the question of the recognition of a declaration of the authenticity of a signature on a request for entry in the land register of the State of registry made in the Czech Republic by a lawyer established there relates to the provision of a service by a lawyer the content of which is not possible for lawyers established in the State of registry, and the refusal to recognise it is therefore not subject to the prohibition of restrictions on recognition |
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2.

Is Article 56 of the Treaty on the Functioning of the European Union to be interpreted as not precluding a national provision of the State of registry (Austria) under which certification of the authenticity of signatures on instruments which are necessary for the creation or transfer of rights to property is reserved to public notaries, with the effect that a declaration of the authenticity of a signature by a lawyer established in the Czech Republic made in his State of establishment is not recognised in the State of registry, despite this declaration being accorded the legal effect of an official certification under Czech law,

in particular because,

a.

the question of the recognition of a declaration of the authenticity of a signature on a request for entry in the land register of the State of registry made in the Czech Republic by a lawyer established there relates to the provision of a service by a lawyer the content of which is not possible for lawyers established in the State of registry, and the refusal to recognise it is therefore not subject to the prohibition of restrictions on recognition

or

| b. | such a reservation is justified to ensure the legality and legal certainty of acts (instruments relating to legal transactions) and as a consequence is required for reasons of public interest and is also necessary to achieve this objective in the State of registry? |
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b.

such a reservation is justified to ensure the legality and legal certainty of acts (instruments relating to legal transactions) and as a consequence is required for reasons of public interest and is also necessary to achieve this objective in the State of registry?

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(1)  Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ 1977 L 78, p. 17).

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