Guidelines for Bars & Law Societies on Free Movement of Lawyers within the EU

 

 

 

 

CCBE documents

  • Guidelines on the Implementation of the Establishment Directive 985EC of 16th February 1998 issued by the CCBE for Bars and Law Societies in the European Union (Nov. 2001)
  • CCBE position Evaluation of the Lawyers’ Directives (12/09/2014)
  • Charter of core principles of the European legal profession and Code of Conduct for European lawyers
  • Minimum standards for European Lawyers’ Professional Indemnity Insurance
  • Model of a questionnaire on Professional Indemnity Insurance for lawyers requesting registration
  • Terms of Difference in Conditions Cover
  • Insurance terminology
  • Social security organisations within the EEE - A Practical Guide for EU Lawyers
  • CCBE Guidelines with a view to a homogeneous application of the principles present in regulation 1408/71/EC by social security organisation
  • CCBE resolution on continuing legal education (29/11/2013)
  • CCBE position on the Morgenbesser case law (11/09/2015)
  • Summary of disciplinary proceedings and contact points in the EU and EEA Member States (31/03/2011)
  • Chronology (I), Analysis (II) and Guidance (III) to Bars and Law Societies regarding case C-313/01 Christine Morgenbesser v Consiglio dell'ordine degli avvocati di Genova, 5th Chamber(13 November 2003)
  • Information on the national procedures of some Member States in dealing with Morgenbesser applications and on questions arising at a national level
  • Study on the Evaluation of the Legal Framework for the Free Movement of Lawyers (Panteia/Maastricht University)

External links

Case Law

Court of Justice of the European Union

  • Case 2/74 Jean Reyners v. State of Belgium (21 June 1974)
    Freedom of establishment – restrictions – abolition - transitional period – expiry - rule on equal treatment with nations - direct effect
  • Case 33/74 Johannes Henricus Maria van Binsbergen v. Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid (3 December 1974)
    Services - freedom to provide services – restrictions - condition of residence – prohibition - particular services - persons assisting administration of justice - professional rules - observance of such rules - requirement of professional establishment - objective necessity - lawful requirement
  • Case 71/75 Jean Thieffry v. Conseil de l’ordre des avocats de Paris (28 April 1977)
    Freedom of establishment - national of a member state - exercise of a professional activity in another member state - profession of advocate - diploma obtained in the country of origin - recognition of equivalence with the national diploma of the country of establishment - absence of community Directives - requirement of the diploma of the country of establishment - restriction incompatible with the treat
  • Case 107/83 Ordre des avocats au Barreau de Paris v. Onno Klopp (12 July 1984)
    Free movement of persons - freedom of establishment – advocates - access to the profession -enrolment refused because of maintenance of chambers in another member state - incompatibility with the treaty
  • Case 292/86 Claude Gullung v. Conseil de l’Ordre des avocats du Barreau de Colmar et de Saverne (19 January 1988)
    Free movement of persons - freedom of establishment - lawyers-access to the legal profession - requirement of registration at a bar - permissibility
  • Case 427/85 Commission of the European Communities v. Federal Republic of Germany (25 February 1988)
    Freedom to provide services - lawyers-Directive77/249 – implementation - obligation to work in conjunction with local lawyers - territorial restriction of the right to plead applicable to local lawyers
  • Case C-340/89 Irène Vlassopoulou v. Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (7 May 1991)
    Free movement of persons - Freedom of establishment – Lawyers - Access to the profession - Obligation to Member State to examine the correspondence between the diplomas and the qualifications required by national law and those obtained in the Member State of origin - Obligation to give reasoned decision open to challenge in legal proceedings
  • Case 294/89 Commission of the European Communities v. French Republic (10 July 1991)
    Freedom to provide services - lawyers-Directive 77/249 - Implementation-Exclusion of  nationals practicing as lawyers in another Member State-Obligation to work in conjunction with a local lawyer - Rule applicable to local lawyers concerning the territorial exclusivity
  • Case C-19/92 Dieter Kraus v. Land Baden-Württemberg (31 March 1993)
    Use of a post–graduate academic title - Legislation of a Member State - Requiring authorization for the use of academic titles awarded in another Member State
  • Case 55/94 Reinhard Gebhard v. Consiglio dell’Ordine degli Avvocati e Procuratori di Milano (30 November 1995)
    Directive 77/249 EEC - Freedom to provide services – Lawyers - Possibility of opening chambers
  • Case 506/04 Graham J. Wilson v. Ordre des avocats du barreau de Luxembourg (19 September 2006)
    Freedom of establishment – Directive 98/5/EC – Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained – Conditions for registration with the competent authority in the host Member State – Prior examination of knowledge of the languages of the host Member State – Remedy before a court or tribunal in accordance with domestic law
  • Case 145/99 Commission of the European Communities v. Italian Republic (7 March 2002)
    Failure by a Member State to fulfil its obligations - Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) - Directive 89/48/EEC - Access to and practice of the profession of lawyer
  • Case 289/02 AMOK Verlags v. A and R Gastronomie (11 December 2003)
    Freedom to provide services - Lawyer established in one Member State working in conjunction with a lawyer established in another Member State - Legal costs to be reimbursed by the unsuccessful party in a dispute to the successful party - Limitation
  • Case 168/98 Grand Duchy of Luxembourg v. European Parliament and Council of the European Union (7 November 2000)Freedom of establishment - Mutual recognition of diplomas - Harmonisation - Obligation to state reasons - Directive 98/5/EC - Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was acquired
  • Case 118/09 Robert Koller v. Rechtsanwaltsprüfungskommission of the Oberlandesgericht Graz (22 December 2010)
    Court or tribunal’ within the meaning of Article 234 EC – Recognition of diplomas – Directive 89/48/EEC – Lawyer – Entry on the professional roll of a Member State other than that in which the diploma was recognised as equivalent
  • Case 359/09 Donat Cornelius Ebert v. Budapesti Ügyvédi Kamara (3 February 2011)
    Lawyers – Directive 89/48/EEC – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 98/5/EC – Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained – Use of the professional title of the host Member State – Conditions – Registration with the Bar Association of the host Member State
  • Case 565/08 Commission v Italy (29 March 2011)
    Failure of a Member State to fulfill obligations – Articles 43 EC and 49 EC – Lawyers – Obligation to comply with maximum fee tariffs – Obstacle to market access – No obstacle
  • Case 424/09 Toki (5 April 2011)
    Directive 89/48/EEC – Points (a) and (b) of the first subparagraph of Article 3 – Recognition of higher education diplomas – Environmental engineer – Activity deemed to be a regulated professional activity – Applicable mechanism of recognition – Meaning of ‘professional experience’
  • Case C101/10 Gentcho Pavlov, Gregor Famira v Ausschuss der Rechtsanwaltskammer Wien, (7 July 2011)
    External relations – Association agreements – National legislation excluding, before the accession of the Republic of Bulgaria to the European Union, Bulgarian nationals from inclusion on the list of trainee lawyers – Compatibility of that legislation with the prohibition of all discrimination based on nationality, as regards working conditions, in the EC-Bulgaria Association Agreement
  • Joined Cases C58/13 and C59/13 Angelo Alberto Torresi (C58/13), Pierfrancesco Torresi (C59/13) v Consiglio dell’Ordine degli Avvocati di Macerata, (17 July 2014)
    Reference for a preliminary ruling — Freedom of movement for persons — Access to the profession of lawyer — Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State — Abuse of rights
  • Case C‑537/13, Birutė Šiba v Arūnas Devėnas (15 January 2015)
    Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Consumer contracts — Contract for the provision of legal services concluded between a lawyer and a consumer

 

European Court of Human Rights

  • Case 43757/05 Xavier da Silveira v France (21 January 2010)
    Raid on office of a Portuguese lawyer providing services in France – Found that the Portuguese lawyer is entitled to the same protection as a home lawyer.