Judgment_paragraph 117 · European Commission v Kingdom of Belgium (C-47/08)

117Two points must be made here, however. The first is that it is not disputed that, apart from the cases in which a notary is appointed by law, every party can choose a notary freely, in accordance with Article 9 of the Law of Ventôse. While notaries’ fees are indeed fixed by law, the quality of the services they provide may none the less vary from one notary to another, depending in particular on their professional capabilities. It follows that, within the geographical limits of their office, notaries practise their profession, as the Advocate General observes in point 18 of his Opinion, in conditions of competition, which is not characteristic of the exercise of official authority.

European Commission v Kingdom of Belgium (C-47/08)

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