The downfall of a monopoly

NOTAIRES: Victory over european nationality requirements

A Kent solicitor's campaign to end the monopoly of notaires in Europe has won a major victory in Europe.

Mark Kober-Smith, solicitor and notary public at Thomson Snell & Passmore, lobbied the European Commission to declare nationality requirements for notaries in 10 of the European member states illegal, (see [2000] Gazette, 28 September, 3).

The Commission has decided that France, Germany, Belgium, the Netherlands, Luxembourg, Austria and Greece have illegal nationality requirements for notaries.

However, Italy, Spain and Portugal had already 'caved in relatively early on', said the Kent solicitor.

Notaries are needed for a range of transactions on the continent and play a key role in the transfer of title.

The EU's intervention now means that English lawyers will be able to compete for the lucrative work.

June O'Keefe, the Law Society's head of EU and World Trade Organisation affairs, said the Commission disagreed with the argument that notaries do state work.

She said: 'Under the EC Treaties, you are not allowed to impose nationality requirements unless you have public policy reasons.

These countries must now abolish the nationality requirements.'

The college of commissioners, comprising EU commissioners from 20 directorates general, decided to proceed against the seven states by a simple majority of at least 11 votes, on 11 October.

Directorate-General 15, responsible for free movement of professionals, is now expected to contact the seven member states.

If they do not implement changes within two months, the Commission can pursue an action against them in the European Court of Justice.

Anne Mizzi