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Case C-575/16: Action brought on 14 November 2016 — European Commission v Czech Republic
ECLI:EU:UNKNOWN:62016CN0575
62016CN0575
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23.1.2017
EN
Official Journal of the European Union
C 22/17
(Case C-575/16)
(2017/C 022/23)
Language of the case: Czech
Parties
Applicant: European Commission (represented by: H. Støvlbæk and K. Walkerová, acting as Agents)
Defendant: Czech Republic
Form of order sought
—declare that, by laying down a condition of nationality for the exercise of the profession of notary, the Czech Republic has failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union; and
—order the Czech Republic to pay the costs.
Pleas in law and main arguments
The Commission considers that the condition of nationality laid down for the exercise of the profession of notary in the Czech legal system is discriminatory and constitutes a disproportionate restriction of the freedom of establishment. The Czech Republic has therefore failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union.
The Commission considers that the functions entrusted to notaries by the legislation of the Czech Republic are not by their nature linked to the exercise of public powers, so that the condition of nationality laid down for access to the profession of notary in the Czech legal system cannot be justified by the exception laid down in Article 51 of the Treaty on the Functioning of the European Union.