Case C-51/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Article 43 EC — Freedom of establishment — Civil-law notaries — Nationality condition — Article 45 EC — Connection with the exercise of official authority — Directive 89/48/EEC)
Date: 2011-05-24
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, access to a profession, action for failure to fulfil an obligation, discrimination on the basis of nationality, notary, recognition of diplomas, right of establishment








C_2011204EN.01000301.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/3





Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Grand Duchy of Luxembourg
(Case C-51/08) (1)

(Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Civil-law notaries - Nationality condition - Article 45 EC - Connection with the exercise of official authority - Directive 89/48/EEC)
2011/C 204/04
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, Agents)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and S. Ossowski, Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent, and J.-J. Lorang, avocat)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, Agent), French Republic (represented by: G. de Bergues and M. Messmer, Agents), Republic of Latvia (represented by: L. Ostrovska, K. Drēviņa and J. Barbale, Agents), Republic of Lithuania (represented by: D. Kriaučiūnas and E. Matulionytė, Agents), Republic of Hungary (represented by: J. Fazekas, R. Somssich, K. Veres and M. Fehér, Agents), Republic of Poland (represented by: M. Dowgielewicz, C. Herma and D. Lutostańska, Agents), Slovak Republic (represented by: J. Čorba, Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 43 EC and 45 EC — National legislation making access to the profession of notary and its practice subject to a nationality requirement — Restriction on freedom of establishment — Scope of the exception relating to activities connected with the exercise of official authority — Requirement of direct and specific connection with such exercise — Failure to transpose, in respect of the profession of notary, Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16)

Operative part of the judgment

The Court:






1.


Declares that, by imposing a nationality condition for access to the profession of notary, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 43 EC;










2.


Dismisses the action as the remainder;










3.


Orders the European Commission, the Grand Duchy of Luxembourg, the Czech Republic, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 128, 24.5.2008.