Keywords
Subject of the case
Operative part

Keywords

Freedom of movement for persons

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Freedom of establishment

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Freedom to provide services

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Derogations

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Activities connected with the exercise of official authority

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Notarial activities

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Excluded

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Condition of nationality for access to the profession of notary

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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

)

Subject of the case

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

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.