Brussels, 23/02/2007 (Agence Europe) - The Conference of Notaries of the European Union (CNEU) is preparing for the publication, expected at the end of March, of the study by DG Competition on the notary profession in the European Union. Current trends make one fear such notary practices will be condemned for being “anti-competitive” but this is because the specificities of the profession are not taken into account. CNEU President Klaus Woschnak was disappointed to state that the Commission always adopts an economic approach in its assessments, but that experts should also look at the non-monetary benefits provided by the sector.
According to Mr Woschnak, the profession of notary should not be scrutinised in the same way as other sectors. Given the services of general interest that it provides, it would not be in the public interest to impose too much liberalisation on the sector. This particularity has already been acknowledged by the Commission as the profession of notary was not included in the directives on vocational training and on service provision. Why, therefore, does DG Competition persist in assessing this sector according to free market criteria? According to an official familiar with the study, there are many other services, such as assistance in real estate procurement, which are of a purely commercial nature and where anti-competitive structures have no reason for being. The different services would therefore need to be subject to different regulations. It remains to be seen whether the Commission report will differentiate its analysis in consequence. EUROPE will come back to this. (cd)