CELEX: 62016CN0575
Language: en
Date: 2016-11-14 00:00:00
Title: Case C-575/16: Action brought on 14 November 2016 — European Commission v Czech Republic

23.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/17
            
         Action brought on 14 November 2016 — European Commission v Czech Republic
   (Case C-575/16)
   (2017/C 022/23)
   Language of the case: Czech
   
      Parties
   
   
      Applicant: European Commission (represented by: H. Støvlbæk and K. Walkerová, acting as Agents)
   
      Defendant: Czech Republic
   
      Form of order sought
   
   
               —
            
            
               declare that, by laying down a condition of nationality for the exercise of the profession of notary, the Czech Republic has failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union; and
            
         
               —
            
            
               order the Czech Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   The Commission considers that the condition of nationality laid down for the exercise of the profession of notary in the Czech legal system is discriminatory and constitutes a disproportionate restriction of the freedom of establishment. The Czech Republic has therefore failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union.
   The Commission considers that the functions entrusted to notaries by the legislation of the Czech Republic are not by their nature linked to the exercise of public powers, so that the condition of nationality laid down for access to the profession of notary in the Czech legal system cannot be justified by the exception laid down in Article 51 of the Treaty on the Functioning of the European Union.