CJEU - C 54/08 / Judgment

European Commission v Germany
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Grand Chamber)
Decision date
  • CJEU - C 54/08 / Judgment
    Key facts of the case:
    According to German legislation, access to the liberal profession of notaries (which exists all over Germany with the exception of a part of the Land of Baden-Württemberg) was restricted to nationals. The Commission did not accept the German 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) and failure of transposition of Directive 2005/36.
    Results (sanctions) and key consequences of the case:
    The Court (...):
    1. Declares that, by imposing a nationality condition for access to the profession of notary, the Federal Republic of Germany has failed to fulfil its obligations under Article 43 EC;
    2. Dismisses the action as the remainder.
  • Paragraphs referring to EU Charter