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Case C-533/09: Action brought on 18 December 2009 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62009CN0533
62009CN0533
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27.2.2010
EN
Official Journal of the European Union
C 51/23
(Case C-533/09)
2010/C 51/37
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: H. Støvlbæk and P. Guerra e Andrade, Agents)
Defendant: Portuguese Republic
Form of order sought
—Declare that, by requiring Portuguese nationality as a condition of access to the notarial profession, in accordance with the decision of the Ministry of Justice of 12 December 1991 which endorsed the opinion of the Conselho Consultivo da Procuradoria-Geral da República (the Consultative Council of the Attorney General’s Office) on Article 15 of the Portuguese Constitution, the Portuguese Republic has failed to fulfil its obligations under Article 49 TFEU, since the requirement laid down in Article 51 TFUE has not been satisfied.
—Order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
In Portugal, the interests pursued by a notary are not State interests, a notary is not directly and specifically involved in the exercise of official authority, and does not form part of public administration. The exception provided for in Article 51 of the Treaty on the Functioning of the European Union is not applicable to the notarial profession in Portugal. The consultative opinion of the Attorney General’s Office endorsed on 12 December 1991 does not state that the profession of notary falls within the scope of Article 15(2) of the Portuguese Constitution. The functions of a notary in Portugal are exclusively technical in nature. They are based on professional competence, and not on political trust.