59As regards the direct and specific connection of a notary with the exercise of official authority, the Hellenic Republic considers that that connection must be assessed on the basis of a set of criteria which include, first, the fact that there are activities of a notary which are substantive and primary, and not ancillary or secondary; second, the fact that those activities are carried out regularly and habitually and not sporadically or exceptionally; third, the exercise of such activities must represent a significant part of all the activities at issue and, fourth, the exercise of such activities must affect the discretion of the judicial authority (see Reyners, paragraph 53, and Case C-306/89 Commission v Greece [1991] ECR I-5863, paragraph 7). Those criteria are met by the activities carried out by notaries in the Greek legal system. The role of a notary cannot therefore be assessed solely in the light of whether he has a decision-making power, as suggested by the Commission.
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