CELEX: 62009CN0533
Language: en
Date: 2009-12-18 00:00:00
Title: Case C-533/09: Action brought on 18 December 2009 — European Commission v Portuguese Republic

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/23
            
         Action brought on 18 December 2009 — European Commission v Portuguese Republic
   (Case C-533/09)
   2010/C 51/37
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: H. Støvlbæk and P. Guerra e Andrade, Agents)
   
      Defendant: Portuguese Republic
   
      Form of order sought
   
   
               —
            
            
               Declare that, by requiring Portuguese nationality as a condition of access to the notarial profession, in accordance with the decision of the Ministry of Justice of 12 December 1991 which endorsed the opinion of the Conselho Consultivo da Procuradoria-Geral da República (the Consultative Council of the Attorney General’s Office) on Article 15 of the Portuguese Constitution, the Portuguese Republic has failed to fulfil its obligations under Article 49 TFEU, since the requirement laid down in Article 51 TFUE has not been satisfied.
            
         
               —
            
            
               Order the Portuguese Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   In Portugal, the interests pursued by a notary are not State interests, a notary is not directly and specifically involved in the exercise of official authority, and does not form part of public administration. The exception provided for in Article 51 of the Treaty on the Functioning of the European Union is not applicable to the notarial profession in Portugal. The consultative opinion of the Attorney General’s Office endorsed on 12 December 1991 does not state that the profession of notary falls within the scope of Article 15(2) of the Portuguese Constitution. The functions of a notary in Portugal are exclusively technical in nature. They are based on professional competence, and not on political trust.