1. 

Freedom of establishment—Exceptions—Activities connected with the exercise of official authority—Definition—Activities constituting a direct and specific participation in the exercise of official authority

(Art. 51, first para., TFEU)

(see paras 99-102)

2. 

Actions for failure to fulfil obligations—Examination of the merits by the Court—Situation to be taken into consideration—Irrelevant

(Art. 258 TFEU)

(see para. 105)

3. 

Freedom of establishment—Exceptions—Activities connected with the exercise of official authority—Notarial activities—Not included—Nationality requirement for access to the notarial profession—Not permissible

(Arts 49 TFEU and 51, first para., TFEU)

(see paras 107, 108, 111, 113-116, 126, 128, 130, 133, operative part 1)

1. 

Declares that, by imposing a nationality requirement for access to the profession of notary, the Czech Republic has failed to fulfil its obligations under Article 49 TFEU;

2. 

Orders the Czech Republic to pay the costs.