CELEX: 62008CA0047
Language: en
Date: 2011-05-24 00:00:00
Title: Case C-47/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Kingdom of Belgium (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)

9.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 204/2
            
         Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Kingdom of Belgium
   (Case C-47/08) (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 204/02
   Language of the case: French
   
      Parties
   
   
      Applicant: European Commission (represented by: J.-P. Keppenne, H. Støvlbæk and G. Zavvos, Agents)
   
      Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent)
   
      Defendant: Kingdom of Belgium (represented by: C. Pochet and L. Van den Broeck, Agents, and H. Gilliams and L. Goossens, avocats)
   
      Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, Agent), 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, Agent), Republic of Hungary (represented by: J. Fazekas, R. Somssich, K. Veres and M. Fehér, Agents), Slovak Republic (represented by: J. Čorba and B. Ricziová, Agents)
   
      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 Kingdom of Belgium has failed to fulfil its obligations under Article 43 EC;
            
         
               2.
            
            
               Dismisses the action as the remainder;
            
         
               3.
            
            
               Orders the European Commission, the Kingdom of Belgium, the Czech Republic, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, 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.