Case C-53/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Republic of Austria (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 — Directives 89/48/EEC and 2005/36/EC)
Date: 2011-05-24
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, freedom to provide services, notary, recognition of vocational training qualifications, right of establishment








C_2011204EN.01000401.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/4





Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Republic of Austria
(Case C-53/08) (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 - Directives 89/48/EEC and 2005/36/EC)
2011/C 204/06
Language of the case: German

Parties


Applicant: European Commission (represented by: G. Braun and H. Støvlbæk, Agents)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, Agent)

Defendant: Republic of Austria (represented by: E. Riedl, M. Aufner and G. Holley, Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, Agent), Federal Republic of Germany (represented by: M. Lumma and J. Kemper, Agents), French Republic (represented by: G. de Bergues and B. 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: R. Somssich, K. Veres and M. Fehér, Agents), Republic of Poland (represented by: M. Dowgielewicz, C. Herma and D. Lutostańska, Agents), Republic of Slovenia (represented by: V. Klemenc and Ž. Cilenšek Bončina, Agents), Slovak Republic (represented by: J. Čorba, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 43 and 45 EC — Failure to transpose, as regards 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) and Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22) — National legislation making the exercise of the profession of notary subject to the condition of nationality — Concept of ‘activity connected with the exercise of official authority’

Operative part of the judgment

The Court:






1.


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










2.


Dismisses the action as the remainder;










3.


Orders the European Commission, the Republic of Austria, the Czech Republic, the Federal Republic of Germany, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.






(1)  OJ C 107, 26.4.2008.