Judgment of the Court (Sixth Chamber) of 1 December 2011.#European Commission v Kingdom of the Netherlands.#Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority.#Case C-157/09.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 45 EC – Access to and practice of the profession of notary – Condition of nationality – Connection with the exercise of official authority.

Operative part

Operative part

The Court:

1. Declares that, by imposing a condition of nationality for access to the profession of notary, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 43 EC;

2. Orders the Kingdom of the Netherlands to pay the costs;

3. Orders the Republic of Slovenia to bear its own costs.