EuGH · C-564/07

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Infringement of Article 49 EC – Requirements imposed by national legislation on patent lawyers lawfully established in other Member States in relation to the performance of services, on a temporary basis, in the Member State concerned – Obligation to enrol in the national register, to hold for those purposes professional indemnity insurance, to agree to be bound by all the national disciplinary rules other than those related to professional qualifications and to act in cooperation with a local agent. Operative part Operative part The Court: 1. Declares that, by obliging patent lawyers lawfully established in another Member State who wish temporarily to perform services in Austria to appoint an approved agent resident in Austria, the Republic of Austria has failed to fulfil its obligations under Article 49 EC; 2. Dismisses the action as to the remainder; 3. Orders each party to bear its own costs.