Freedom of establishment - Derogation
3 important questions on Freedom of establishment - Derogation
There are some derogations acc. To art. 51 TFEU where freedom of establishment does not apply. Which four?
- Concrete activity which includes direct/specific participation in official authority
- requirement: special relationship of trust to the state which can only be ensured by respective nationality
- Interpreted strictly!
- eg notaries; no official authority
ECJ case C-53/08, judgement of 24 May 2001 Commission/Austria. What were the acts of the case?
- According to Austrian law, Austrian citizenship is required to become a notary
- Notarial activities are: notarisation, drafting of private agreements,
legal advice, probate proceedings before Court etc.
ECJ case C-53/08, judgement of 24 May 2001 Commission/Austria. What was the decision of the ECJ?
- notarial activities (partly) pursue an objective in the public interest
- but the respective activity must be directly and specifically connected with the exercise of official authority (para 108 f)
- Notary's activities do not fall under derogation of art 51 TFEU
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