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Case C-52/08: Action brought on 12 February 2008 — Commission of the European Communities v Portuguese Republic
ECLI:EU:UNKNOWN:62008CN0052
62008CN0052
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Valentina R., lawyer
26.4.2008
EN
Official Journal of the European Union
C 107/15
(Case C-52/08)
(2008/C 107/22)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: H. Støvlbæk and P. Andrade, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
—Declare that, by failing to transpose, with regard to access to the profession of notary, Directive 2005/36/EC (1), which repealed and replaced Directive 89/48/EEC (2), the Portuguese Republic has failed to fulfil its obligation under Directive 2005/36/EC.
—order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
The Commission considers that, by failing to permit notaries from other Member States to exercise their profession in Portugal although they have the right to exercise that profession in a Member State in which it is a regulated profession or where they have exercised that profession in accordance with the applicable rules in a Member State in which it is not a regulated profession, the Portuguese State has failed to fulfil its obligations under Article 13 of Directive 2005/36.
In any event, by requiring those intending to practise as notaries to have a degree in law from a Portuguese university or an academic qualification equivalent to that required under the Portuguese law, Portugal has also failed to fulfil its obligations under Articles 13 and 14 of that directive.
Moreover, by requiring that, before commencing their training, those intending to practise as notaries should pass public examinations intended to test their general knowledge of law, the Portuguese State has also failed to fulfil its obligations under Article 14(3) and 14(3)(h) of Directive 2005/36.
The Commission therefore considers that the Portuguese State has failed to transpose into its domestic law Directive 2005/36 so far as concerns the profession of notary.
* * *
(1) Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).
(2) OJ 1989 L 19, p. 16.