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Case C-470/10: Action brought on 28 September 2010 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62010CN0470
62010CN0470
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Official Journal of the European Union
C 328/19
(Case C-470/10)
()
2010/C 328/34
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: M. França and I.V. Rogalski, acting as Agents)
Defendant: Portuguese Republic.
Form of order sought
—Declare that, by maintaining a requirement of registration and accreditation by the Portuguese authorities for any temporary provision of services by Community patent agents who are already established in another Member State and by checking the professional qualifications of Community patent agents who travel to Portugal, even in relation to a temporary service, the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU and Articles 5 to 7 of Directive 2005/36/EC (1)
—order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
The Portuguese legislation at issue prevents a patent and trade mark agent, legally established in another Member State, from exercising his activities of representation before the National Institute of Industrial Property (INPI — Instituto Nacional da Propriedade Industrial) in Portugal, when he travels there to provide services to clients located in another Member State, if he has not previously undergone a test examination to be accredited or recognised by that institute.
(1)
OJ 2005 L 255, p. 22