Official Journal of the European Union

C 180/10

(Case C-564/07)

(Failure of a Member State to fulfil obligations - Article 49 EC - Freedom to provide services - Patent lawyers - Obligation to take out professional indemnity insurance - Obligation to appoint an approved agent in the Member State in which the services are to be performed)

2009/C 180/16

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa and H. Krämer, Agents)

Defendant: Republic of Austria (represented by: E. Riedl and G. Kunnert, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Requirements imposed by national legislation on patent lawyers lawfully established in other Member States in relation to the performance of services, on a temporary basis, in the Member State concerned — Obligation to enrol in the national register, to hold for those purposes professional indemnity insurance, to agree to be bound by all the national disciplinary rules other than those related to professional qualifications and to act in cooperation with a local agent

Operative part of the judgment

The Court:

1.Declares that, by obliging patent lawyers lawfully established in another Member State who wish temporarily to perform services in Austria to appoint an approved agent resident in Austria, the Republic of Austria has failed to fulfil its obligations under Article 49 EC;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 79, 29.03.2008.