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CJEU - C 50/08 / Judgment

European Commission v French Republic

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Grand Chamber)
Decision date:
Key facts of the case:
According to French legislation, access to the liberal profession of notaries was restricted to nationals. The Commission did not accept the French argument that this restriction was covered by Article 45 (1) TEC (now Article 51 [1] TFEU) and, therefore, brought an action under Article 226 TEC (now Article 258 TFEU) for infringement of Article 43 TEC (now Article 49 TFEU).
Results (sanctions) and key consequences of the case:
The Court (...)
  1. Declares that, by imposing a nationality requirement for access to the profession of notary, the French Republic failed to fulfil its obligations under Article 43 EC;
  2. Orders the French Republic to pay the costs; 
  3. Orders the Republic of Bulgaria, the Czech Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, Romania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.