Action brought on 14 March 2014 – José Freitas v Council and Parliament
(Case T-185/14)
Language of the case: French
Parties
Applicant: José Freitas (Porto, Portugal) (represented by: J.-P. Hordies, lawyer)
Defendant: Council of the European Union and European Parliament
Form of order sought
The applicant claims that the Court should:
declare the application to be admissible and well-founded;
annul Article 1(2)(b) of Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’), published in the Official Journal of the European Union on 28 December 2013 (OJ L 354, p. 132);
order the defendants to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
First plea in law, alleging infringement of Article 49 TFEU, in so far as the profession of notary falls within the scope of application of Article 49 TFEU regarding freedom of establishment and does not fall within the exercise of official authority within the meaning of Article 51 TFEU. The profession of notary cannot therefore be excluded from the scope of application of Directive 2005/36/EC.1
Second plea in law, alleging breach of the principle of proportionality, the notaries appointed by official act of the public authorities being excluded in a general and absolute manner from the scope of application of Directive 2005/36/EC.
________________________1 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22).