CELEX: 62009CJ0157
Language: en
Date: 2011-12-01 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 1 December 2011.#European Commission v Kingdom of the Netherlands.#Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority.#Case C-157/09.

Judgment of the Court (Sixth Chamber) of 1 December 2011 – Commission v Netherlands
      (Case C-157/09)
      Failure of a Member State to fulfil obligations – Article 43 EC – Freedom of establishment – Notaries – Condition of nationality – Article 45 EC – Connection with the exercise of official authority
      Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Derogations – Activities connected with the exercise of official authority – Notarial activities – Excluded – Condition of nationality for access to the profession of notary – Unlawful (Arts 43 EC and 45, first para., EC) (see paras 55, 57-58, 60-65, 67-69, 73-74, 76-78, 80-86, 90)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 45 EC – Access to and practice of the
                  profession of notary – Condition of nationality – Connection with the exercise of official authority.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by imposing a condition of nationality for access to the profession of notary, the Kingdom of the Netherlands
                     has failed to fulfil its obligations under Article 43 EC; 
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Kingdom of the Netherlands to pay the costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Republic of Slovenia to bear its own costs.