Europe denounces the monopoly of notaries, as well as the condition of access to the profession, both of which are considered not competitive. Moves were already under discussion in the drafting of Directive 2006/123/EC on services in the internal market, but had been shelved. A CJEU ruling in 2011 determined that notarial activities are in the field of competition, and a recent Council recommendation (see page 5) has underscored that ruling.
A most informative article has just been published in The Jurist, the journal of the University of Pittsburgh School of Law by Angelique Devaux – Is the Role of the French Notary in Danger?
Ms Devaux sets out both sides of the argument – the position of the Court of Justice of the European Union, and the French notaries’ position on territorial obligations, tariffs, and client relationships.
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Angelique Devaux, Is the Role of the French Notary in Danger? JURIST – Sidebar, July 16, 2013, http://jurist.org/sidebar/2013/07/angelique-devaux-french-notaire.php.
Case C-50/08 Commission v France .