CJEU - C 54/08 / Judgment European Commission v Germany

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: 

 

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