119Moreover, the argument which the Kingdom of Belgium bases on certain European Union acts also fails to convince. As regards the acts mentioned in paragraph 54 above, it must be stated that the fact that the legislature chose to exclude the activities of notaries from the scope of a particular act does not mean that those activities necessarily fall within the exception in the first paragraph of Article 45 EC. With respect to Directive 2005/36 in particular, the very wording of recital 41 in the preamble, according to which the directive ‘is without prejudice to the application of Articles … 45 [EC] concerning notably notaries’, shows that the European Union legislature precisely did not take a position on the applicability of the first paragraph of Article 45 EC to the profession of notary.
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