Judgment of the Court (Sixth Chamber) of 1 December 2011 – Commission v Netherlands
(Case C-157/09)
Failure of a Member State to fulfil obligations – Article 43 EC – Freedom of establishment – Notaries – Condition of nationality – Article 45 EC – Connection with the exercise of official authority
Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Derogations – Activities connected with the exercise of official authority – Notarial activities – Excluded – Condition of nationality for access to the profession of notary – Unlawful (Arts 43 EC and 45, first para., EC) (see paras 55, 57-58, 60-65, 67-69, 73-74, 76-78, 80-86, 90)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 45 EC – Access to and practice of the profession of notary – Condition of nationality – Connection with the exercise of official authority. |
Operative part
The Court:
1. |
| Declares that, by imposing a condition of nationality for access to the profession of notary, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 43 EC; |
2. |
| Orders the Kingdom of the Netherlands to pay the costs; |
3. |
| Orders the Republic of Slovenia to bear its own costs. |