The European Commission is to take steps to end the monopoly of Spanish notariados by launching an infringement procedure against the Spanish government, the Gazette learned this week.


The move follows a complaint to the commission by dual-qualified English/Spanish lawyer Manuel Martin that Spanish regulatory rules discriminate against foreign lawyers.


Under regulations introduced last year, documents involving the transfer of property in Spain may only be registered if they are authorised by Spanish notariados, not foreign notaries (see 2006 Gazette, 19 January, 8). The rules mean that UK clients selling property in Spain have been forced to either travel to the country to complete the transaction, or grant power of attorney to a Spanish lawyer.


The commission is about to send a notice to Spain that it considers these rules an infringement of EU law. If the Spanish government does not reverse the regulations, it will take the matter to the European Court of Justice.


Mr Martin said: 'The EC's legal team decided that they had no choice but to take Spain to court. This is a first step to ending the monopoly of Spanish notariados - the restrictions are a very clear infringement of the free movement of services.'


The restrictions were introduced by the Direccíon General de los Registros y del Notariado in Madrid, which is part of the Spanish Ministry for Justice. The ministry did not respond to a request for comment.


Rachel Rothwell