Case C-76/90 Säger V Dennemeyer [1991] ECR 4221

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Key point

• The requirement of a professional licence within member states may be prohibited by Article 51 TFEU if disproportionate in nature

Facts

• Dennemeyer is a patent renewal service established in the UK that automatically reminds customers of when their patents in Germany are about to expire
• Sager, a patent agent, sued Dennemeyer on the ground that such services can only be provided by licensed patent agents under German law
• The German court referred the question of whether under (what is now) Article 51 TFEU which provides for the free movement of services, a requirement to obtain a licence for patent renewal services compatible

Held

• The requirement of a professional licence to provide patent renewal services is prohibited by Article 51 and is disproportionate to the goal of consumer protection

Judgment

• Article 59 requires the elimination of restriction that applies without distinction to national providers of services and to those of other Member States, unless they are justified by imperative reasons relating to the public interest
• In particular, those requirements must be objectively necessary in order to ensure compliance with professional rules and to guarantee the protection of the recipient of services and they must not exceed what is necessary to attain those objectives: [15]
• A national rule requiring the possession by the persons providing the service of a professional qualification which is quite specific and disproportionate to the needs of the recipients goes beyond what is necessary to achieve protection of recipients of services: [16]
• In this case, neither the nature of the service to be provided, which is straightforward and computerised, nor the risks, which is small since the German patent office itself provides a reminder for renewal two months after the due date at a 10% penalty, does not call for a requiring the service provider to have a professional qualification: [17] – [20]

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