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CJEU - C 61/08 / Judgment

European Commission v Greece

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 Greek legislation, access to the liberal profession of notaries was restricted to nationals. The Commission did not accept the Greek 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 (Grand Chamber) hereby:
  1. Declares that, by imposing a nationality requirement for access to the profession of notary, the Hellenic Republic failed to fulfil its obligations under Article 43 EC;
  2. Dismisses the action as to the remainder.