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Case C-50/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v French Republic (Failure by a Member State to fulfil its obligations — Article 43 EC — Freedom of establishment — Notaries — Nationality requirement — Article 45 EC — Connection with the exercise of official authority)
ECLI:EU:UNKNOWN:62008CA0050
62008CA0050
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9.7.2011
Official Journal of the European Union
C 204/2
(Case C-50/08) (<span class="super">1</span>)
(Failure by a Member State to fulfil its obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority)
2011/C 204/03
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: French Republic (represented by: E. Belliard, G. de Bergues and B. Messmer, Agents)
Interveners in support of the defendant: Republic of Bulgaria (represented by: T. Ivanov and E. Petranova, Agents), Czech Republic (represented by: M. Smolek, Agent), 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: R. Somssich, K. Veres and M. Fehér, Agents), Romania (represented by: C. Osman, A. Gheorghiu, A. Stoia and A. Popescu, Agents), Slovak Republic (represented by: J. Čorba and B. Ricziová, Agents)
Re:
Failure by 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 pursuit subject to a nationality requirement — Restriction on the 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
Operative part of the judgment
The Court:
1.Declares that, by imposing a nationality requirement for access to the profession of notary, the French Republic failed to fulfil its obligations under Article 43 EC;
2.Orders the French Republic to pay the costs;
3.Orders the Republic of Bulgaria, the Czech Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, Romania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
(<span class="super">1</span>) OJ C 128, 24.5.2008.