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Case C-51/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Article 43 EC — Freedom of establishment — Civil-law notaries — Nationality condition — Article 45 EC — Connection with the exercise of official authority — Directive 89/48/EEC)
ECLI:EU:UNKNOWN:62008CA0051
62008CA0051
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Official Journal of the European Union
C 204/3
(Case C-51/08) (<a id="ntc1-C_2011204EN.01000301-E0001" href="#ntr1-C_2011204EN.01000301-E0001"> (<span class="super">1</span>)</a>
(Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Civil-law notaries - Nationality condition - Article 45 EC - Connection with the exercise of official authority - Directive 89/48/EEC)
2011/C 204/04
Language of the case: French
Parties
Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, Agents)
Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson and S. Ossowski, Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent, and J.-J. Lorang, avocat)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, Agent), French Republic (represented by: G. de Bergues and M. Messmer, Agents), Republic of Latvia (represented by: L. Ostrovska, K. Drēviņa and J. Barbale, Agents), Republic of Lithuania (represented by: D. Kriaučiūnas and E. Matulionytė, Agents), Republic of Hungary (represented by: J. Fazekas, R. Somssich, K. Veres and M. Fehér, Agents), Republic of Poland (represented by: M. Dowgielewicz, C. Herma and D. Lutostańska, Agents), Slovak Republic (represented by: J. Čorba, Agent)
Re:
Failure of a Member State to fulfil its obligations — Infringement of Articles 43 EC and 45 EC — National legislation making access to the profession of notary and its practice subject to a nationality requirement — Restriction on freedom of establishment — Scope of the exception relating to activities connected with the exercise of official authority — Requirement of direct and specific connection with such exercise — Failure to transpose, in respect of the profession of notary, Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16)
Operative part of the judgment
The Court:
(<a id="ntr1-C_2011204EN.01000301-E0001" href="#ntc1-C_2011204EN.01000301-E0001">(<span class="super">1</span>)</a> OJ C 128, 24.5.2008).