# C_2010134EN.01001802.xml

| 22.5.2010 | EN | Official Journal of the European Union | C 134/18 |
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22.5.2010

EN

Official Journal of the European Union

C 134/18

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Reference for a preliminary ruling from the Oberste Berufungs- und Disziplinarkommission (Austria) lodged on 23 February 2010 — Gentcho Pavlov and Gregor Famira v Ausschuss der Rechtsanwaltskammer Wien

(Case C-101/10)

2010/C 134/28

Language of the case: German

Referring court

Referring court

Oberste Berufungs- und Disziplinarkommission

Parties to the main proceedings

Parties to the main proceedings

Applicants: Gentcho Pavlov and Gregor Famira

Applicants:

Defendant: Ausschuss der Rechtsanwaltskammer Wien

Defendant:

Questions referred

Questions referred

| 1. | Should Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, (1) have been directly applied in the period from 2 January 2004 to 31 December 2006 in a procedure to register a Bulgarian national in the list of trainee lawyers?
  If question 1 is answered in the affirmative: |
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1.

Should Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, (1) have been directly applied in the period from 2 January 2004 to 31 December 2006 in a procedure to register a Bulgarian national in the list of trainee lawyers?

1

If question 1 is answered in the affirmative:

| 2. | Does Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, preclude the application of Paragraph 30(1) and (5) of the Austrian Rechtsanwaltsordnung (Lawyers’ Code), pursuant to which, inter alia, proof of Austrian citizenship or a nationality regarded as equivalent is a registration requirement, in respect of an application by a Bulgarian national employed by an Austrian lawyer, made on 2 January 2004, for registration in the list of Austrian trainee lawyers and for the issue of a ‘Legitimationsurkunde’ (certificate evidencing authority) in accordance with Paragraph 15(3) of the Austrian Rechtsanwaltsordnung and the rejection of the application solely on the grounds of nationality, despite the other requirements being fulfilled and the applicant having a permanent residence and work permit for Austria? |
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2.

Does Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, preclude the application of Paragraph 30(1) and (5) of the Austrian Rechtsanwaltsordnung (Lawyers’ Code), pursuant to which, inter alia, proof of Austrian citizenship or a nationality regarded as equivalent is a registration requirement, in respect of an application by a Bulgarian national employed by an Austrian lawyer, made on 2 January 2004, for registration in the list of Austrian trainee lawyers and for the issue of a ‘Legitimationsurkunde’ (certificate evidencing authority) in accordance with Paragraph 15(3) of the Austrian Rechtsanwaltsordnung and the rejection of the application solely on the grounds of nationality, despite the other requirements being fulfilled and the applicant having a permanent residence and work permit for Austria?

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(1)  OJ 1994 L 358, 31.12.1994, p. 3

1

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