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Document 62009CJ0157

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.

European Court Reports 2011 -00000

ECLI identifier: ECLI:EU:C:2011:794





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.

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