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Document 62007CJ0564

Judgment of the Court (Third Chamber) of 11 June 2009.
Commission of the European Communities v Republic of Austria.
Failure of a Member State to fulfil obligations - Article 49 EC - Freedom to provide services - Patent lawyers - Obligation to take out professional indemnity insurance - Obligation to appoint an approved agent in the Member State in which the services are to be performed.
Case C-564/07.

European Court Reports 2009 I-00100*

ECLI identifier: ECLI:EU:C:2009:364





Judgment of the Court (Third Chamber) of 11 June 2009 – Commission v Austria

(Case C‑564/07)

Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Patent lawyers – Obligation to take out professional indemnity insurance – Obligation to appoint an approved agent in the Member State in which the services are to be performed

1.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 23)

2.                     Freedom to provide services – Restrictions (Art. 49 EC) (see paras 31-32, 35-37, 47-53, 55, operative part)

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 49 EC – Requirements imposed by national legislation on patent lawyers lawfully established in other Member States in relation to the performance of services, on a temporary basis, in the Member State concerned – Obligation to enrol in the national register, to hold for those purposes professional indemnity insurance, to agree to be bound by all the national disciplinary rules other than those related to professional qualifications and to act in cooperation with a local agent.

Operative part

The Court:

1.

Declares that, by obliging patent lawyers lawfully established in another Member State who wish temporarily to perform services in Austria to appoint an approved agent resident in Austria, the Republic of Austria has failed to fulfil its obligations under Article 49 EC;

2.

Dismisses the action as to the remainder;

3.

Orders each party to bear its own costs.

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