European Commission – Press Release
Nationality condition for access to the notarial profession: the Commission closes the infringement proceedings against Greece, which has ended this discrimination
Brussels, 26 April 2012 - The Commission decided today to close the infringement proceedings against Greece concerning the nationality condition for access to the notarial profession. All the Member States censured by the Court of Justice in its judgments of 24 May 20111 have now put an end to this discrimination by amending their legislation.
What is the scope of these judgements?
In its judgments of last May, the Court took the view that the work of notaries was not covered by the exception to freedom of establishment provided for in Article 51 of the TFEU in relation to the exercise of official authority. Consequently, the nationality condition for access to the notarial profession constituted discrimination on the grounds of nationality, which is prohibited under Article 49 of the TFEU which enshrines freedom of establishment.
Have other Member States already done away with this discrimination?
Estonia, Italy, Lithuania, Malta, Portugal and Spain have already done so.
The latest information on infringement proceedings against Member States can be found at:
To find out more about infringement proceedings, see MEMO/12/279
Belgium: C-47/08, Luxembourg: C-51/08, Germany: C-54/08, France: C-50/08, Austria: C-53/08; Greece: C-61/08.