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Document 62015CN0392

    Case C-392/15: Action brought on 20 July 2015 — European Commission v Hungary

    OJ C 302, 14.9.2015, p. 26–27 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    20/07/2015
    Date lodged:
    20/07/2015
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    Hungarian
    Type of procedure:
    Action for failure to fulfil obligations
    Link
    Select all documents mentioning this document
    Case affecting:
    • request to establish failure to fulfil an obligation 12012E049
    Instruments cited in case law:
    Link

    14.9.2015   

    EN

    Official Journal of the European Union

    C 302/26

    Action brought on 20 July 2015 — European Commission v Hungary

    (Case C-392/15)

    (2015/C 302/34)

    Language of the case: Hungarian

    Parties

    Applicant: European Commission (represented by: H. Støvlbæk and Talabér-Ritz K., acting as Agents)

    Defendant: Hungary

    Form of order sought

    —

    Declare that Hungary has failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union by making the exercise of the profession of notary public subject to a nationality requirement.

    —

    Order Hungary to pay the costs.

    Pleas in law and main arguments

    The Commission considers that a nationality requirement for the exercise of the profession of notary public is discriminatory and constitutes a disproportionate restriction on the freedom of establishment. Hungary has failed thereby to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union.

    The Commission considers that the tasks conferred by Hungarian legislation on notaries public, by their nature, are not related to the exercise of the powers of a public authority, so that the derogation provided for in Article 51 of the Treaty on the Functioning of the European Union cannot justify nationality as a requirement for access to the profession of notary public.

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