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Case C-392/15: Action brought on 20 July 2015 — European Commission v Hungary
ECLI:EU:UNKNOWN:62015CN0392
62015CN0392
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Valentina R., lawyer
14.9.2015
EN
Official Journal of the European Union
C 302/26
(Case C-392/15)
(2015/C 302/34)
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: H. Støvlbæk and Talabér-Ritz K., acting as Agents)
Defendant: Hungary
Form of order sought
—Declare that Hungary has failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union by making the exercise of the profession of notary public subject to a nationality requirement.
—Order Hungary to pay the costs.
Pleas in law and main arguments
The Commission considers that a nationality requirement for the exercise of the profession of notary public is discriminatory and constitutes a disproportionate restriction on the freedom of establishment. Hungary has failed thereby to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union.
The Commission considers that the tasks conferred by Hungarian legislation on notaries public, by their nature, are not related to the exercise of the powers of a public authority, so that the derogation provided for in Article 51 of the Treaty on the Functioning of the European Union cannot justify nationality as a requirement for access to the profession of notary public.