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Case C-61/08: Judgment of the Court (Grand Chamber) of 24 May 2011 — European Commission v Hellenic Republic (Failure by a Member State to fulfil its obligations — Article 43 EC — Freedom of establishment — Notaries — Nationality requirement — Article 45 EC — Connection with the exercise of official authority — Directive 89/48/EEC)
ECLI:EU:UNKNOWN:62008CA0061
62008CA0061
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Official Journal of the European Union
C 204/5
(Case C-61/08) (<span class="super">1</span>)
(Failure by a Member State to fulfil its obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority - Directive 89/48/EEC)
2011/C 204/08
Language of the case: Greek
Parties
Applicant: European Commission (represented by: G. Zavvos and H. Støvlbæk, Agents)
Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, Agent)
Defendant: Hellenic Republic (represented by: V. Christianos, E.-M. Mamouna and A. Samoni-Rantou, Agents)
Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, Agent), French Republic (represented by: G. de Bergues and B. Messmer, Agents), Republic of Lithuania (represented by D. Kriaučiūnas and E. Matulionytė, Agents), Republic of Slovenia (represented by: V. Klemenc and Ž. Cilenšek Bončina, Agents), Slovak Republic (represented by: J. Čorba and B. Ricziová, Agents)
Re:
Failure by a Member State to fulfil its obligations — Breach of Articles 43 and 45 EC and Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16) — National rules making pursuit of the profession of notary subject to a nationality requirement
Operative part of the judgment
The Court:
1.Declares that, by imposing a nationality requirement for access to the profession of notary, the Hellenic Republic failed to fulfil its obligations under Article 43 EC;
2.Dismisses the action as to the remainder;
3.Orders the European Commission, the Hellenic Republic, the Czech Republic, the French Republic, the Republic of Lithuania, the Republic of Slovenia, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
(<span class="super">1</span>) OJ C 92, 12.4.2008.