Judgment_paragraph 33 · Ministero della Giustizia v GN (C-914/19)

33As regards, first, the aim of ensuring that the profession of notary is practised in a stable manner for a significant period before retirement, so as to preserve the viability of the social welfare system, it should be noted that Article 6(1)(c) [of that directive] allows a maximum age to be fixed for recruitment which is based on the need for a reasonable period of employment before retirement. As regards safeguarding the social welfare system for notaries, it is apparent from the documents submitted to the Court that, under Article 10 of the Regulation on social welfare and solidarity activities of the Cassa Nazionale del Notariato (National Fund for Notaries, Italy), which manages that system, the right of notaries who leave office upon reaching the authorised age limit for practising that profession – namely 75 years of age under Article 7 of Law No 1365/1926 – to be paid a pension is contingent on them having practised that profession for 20 years. As the European Commission pointed out in its written observations, the right to a pension enjoyed by notaries under that regulation does not appear to be related to the age limit of 50 years of age set by Article 1 of that law for admission to the competition for access to the profession, but appears to be linked to a minimum period of practice of that profession. Thus, there appears to be no connection between the conditions laid down by that Fund to safeguard the viability of the social welfare system for notaries and that age limit, which is a matter for the referring court to determine.