ECJ – Judgements of 24.05.2011, Commission vs. Belgium, C-47/08; Commission vs. France, C-50/08; Commission vs. Luxembourg, C-51/08; Commission vs. Portugal, C-52/08; Commission vs. Austria, C-53/08; Commission vs. Germany, C-54/08; and Commission vs. Gre

Authors

  • José Manuel Gómez Muñoz

Keywords:

Notaries, notarial activity, freedom of establishment, not discrimination because of nationality, breach of the States, exercise of the public power

Abstract

Despite the fact that the activity in question is connected with the exercise of official authority and therefore falls within the negative scope of the freedom of establishment, the ECJ considers that, in the specific circumstances of the profession of notary, Article 43 EC and the first paragraph of Article 45 EC do not allow a national measure that discriminates on grounds of nationality against those who wish to gain access to that profession. 

Issue

Section

CASE LAW COURT OF JUSTICE OF THE EU