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2017-2 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0388 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-392/15 European Commission V Hungary (Failure of a Member State to fulfil obligations - Article 49 TFEU - Freedom of establishment Notaries - Nationality requirement - Article 51 TFEU - Connection with the exercise of official authority) Summary - Judgment of the Court (First Chamber), 1 February 2017 1. Freedom of establishment - Exceptions - Activities connected with the exercise of official authority - Concept - Activities constituting a direct and specific participation in the exercise of official authority (Art. 51, first para., TFEU) 2. Freedom of establishment - Exceptions - Activities connected with the exercise of official authority - Notarial activities - Not included - Nationality requirement for access to the notarial profession - Not permissible (Arts 49 TFEU and 51, first para., TFEU) 1. See the text of the decision. (see paras 105-108) 2. By imposing a nationality requirement for access to the notarial profession, a Member State fails to fulfil its obligations under Article 49 TFEU where the activities carried out by notaries in the legal order of that Member State have no connection with the exercise of official authority within the meaning of the first paragraph of Article 51 TFEU. First, as regards the activity of issuing orders for payment, it must be held that a notary's powers in that regard, which are based entirely on an alignment of the wishes of the creditor and debtor and leave intact the prerogatives of the courts should the parties fail to reach an agreement as to whether the debt is outstanding, do not have any connection with the exercise of official authority. Secondly, in inheritance matters, since the tasks entrusted to notaries are carried out on a consensual basis and have no impact on the power of the courts in the absence of an agreement between the parties, nor may those tasks, consequently, be regarded as having, in themselves, a direct and specific connection with the exercise of official authority. Thirdly, as regards the depositing of monies with a notary, that activity does not involve the exercise of decision-making powers, since the role of notaries is limited to verifying compliance with legal requirements. ECLJ:EU:C:2017:731 1

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