26.5.2014

EN

Official Journal of the European Union

C 159/19

(Case C-151/14)

2014/C 159/26

Language of the case: Latvian

Parties

Applicant: European Commission (represented by: I. Rubene and H. Stølbæk)

Defendant: Republic of Latvia

Form of order sought

The applicant claims that the Court should:

—hold that it is not permissible to consider that the functions of a notary, as currently regulated by the Latvian legal system, constitute an exercise of official authority of the Member State, within the meaning of the exception set out in the first paragraph of Article 51 of the Treaty on the Functioning of the European Union, and accordingly, hold that, in setting out a requirement of nationality for appointment as a notary, the Republic of Latvia’s legislation discriminates on grounds of nationality prohibited by Article 49 of the Treaty.

—hold that, in making an appointment as a notary subject to a requirement of nationality, the Republic of Latvia has failed to fulfil its obligations under Article 49 of the Treaty.

—order the Republic of Latvia to pay the costs.

Pleas in law and main arguments

The Commission submits that the nationality requirement for access to the notarial profession is discriminatory and constitutes a disproportionate restriction on freedom of establishment. Consequently, the Republic of Latvia has failed to fulfill its obligations under Article 49 of the Treaty on the Functioning of the European Union.

The Commission submits that, by their nature, functions assigned to a notary in the Republic of Latvia’s legislation are not related to the exercise of official authority and that, consequently, the requirement of nationality for access to the notarial profession cannot be justified by the exception set out in Article 51 of the Treaty on the Functioning of the European Union.