1977L0249 — EN — 01.01.1995 — 003.001 — 1
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►B COUNCILDIRECTIVE
of22March1977
tofacilitate theeffective exercise bylawyersoffreedomtoprovideservices
(77/249/EEC)
(OJ L 78, 26.3.1977, p. 17)
Amended by:
Official Journal
No page date
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCILDIRECTIVE
of22March1977
tofacilitate the effective exercise bylawyers offreedom toprovide
services
(77/249/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 57 and 66 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas, pursuant to the Treaty, any restriction on the provision of
services which is based on nationality or on conditions of residence
has been prohibited since the end of the transitional period;
Whereas this Directive deals only with measures to facilitate the effec-
tive pursuit of the activities of lawyers by way of provision of services;whereas more detailed measures will be necessary to facilitate theeffective exercise of the right of establishment;
Whereas if lawyers are to exercise effectively the freedom to provide
services host Member States must recognize as lawyers those personspractising the profession in the various Member States;
Whereas, since this Directive solely concerns provision of services and
does not contain provisions on the mutual recognition of diplomas, aperson to whom the Directive applies must adopt the professional title
used in the Member State in which he is established, hereinafter
referred to as ‘the Member State from which he comes’,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply, within the limits and under the condi-
tions laid down herein, to the activities of lawyers pursued by way ofprovision of services. Notwithstanding anything contained in this
Directive, Member States may reserve to prescribed categories of
lawyers the preparation of formal documents for obtaining title toadminister estates of deceased persons, and the drafting of formal docu-ments creating or transferring interests in land.
2. ‘Lawyer’ means any person entitled to pursue his professional
activities under one of the following designations:
Belgium: Avocat — Advocaat
Denmark: Advokat
Germany: Rechtsanwalt
France: Avocat
Ireland: Barrister
Solicitor
Italy: Avvocato
Luxembourg: Avocat-avoué
Netherlands: Advocaat1977L0249 — EN — 01.01.1995 — 003.001 — 2
(1) OJ No C 103, 5. 10. 1972, p. 19 and OJ No C 53, 8. 3. 1976, p. 33.
(2) OJ No C 36, 28. 3. 1970, p. 37 and OJ No C .SO, 4. 3. 1976, p. 17.
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United Kingdom: Advocate
BarristerSolicitor
Greece: ∆ικηγόρος
Spain: Abogado
Portugal: Advogado
Austria: Rechtsanwalt
Finland: Asianajaja — Advokat
Sweden: Advokat.
Article 2
Each Member State shall recognize as a lawyer for the purpose of
pursuing the activities specified in Article 1 (1) any person listed inparagraph2 of th at Article.
Article 3
A person referred to in Article 1 shall adopt the professional title used
in the Member State from which he comes, expressed in the languageor one of the languages, of that State, with an indication of the profes-sional organization by which he is authorized to practise or the court oflaw before which he is entitled to practise pursuant to the laws of that
State.
Article 4
1. Activities relating to the representation of a client in legal
proceedings or before public authorities shall be pursued in each hostMember State under the conditions laid down for lawyers establishedin that State, with the exception of any conditions requiring residence,or registration witha professional organization, in th at State.
2. A lawyer pursuing these activities shall observe the rules of
professional conduct of the host Member State, without prejudice tohis obligations in the Member State from which he comes.
3. When these activities are pursued in the United Kingdom, ‘rules
of professional conduct of the host Member State’ means the rules ofprofessional conduct applicable to solicitors, where such activities are
not reserved for barristers and advocates. Otherwise the rules of profes-
sional conduct applicable to the latter shall apply. However, barristersfrom Ireland shall always be subject to the rules of professionalconduct applicable in the United Kingdom to barristers and advocates.
When these activities are pursued in Ireland ‘rules of professional
conduct of the host Member State’ means, in so far as they governthe oral presentation of a case in court, the rules of professionalconduct applicable to barristers. In all other cases the rules of profes-
sional conduct applicable to solicitors shall apply. However, barristers
and advocates from the United Kingdom shall always be subject to therules of professional conduct applicable in Ireland to barristers.
4. A lawyer pursuing activities other than those referred to in para-
graph 1 shall remain subject to the conditions and rules of professionalconduct of the Member State from which he comes without prejudiceto respect for the rules, whatever their source, which govern the profes-sion in the host Member State, especially those concerning theincompatibility of the exercise of the activities of a lawyer with the1977L0249 — EN — 01.01.1995 — 003.001 — 3
▼A1
▼A2
▼A3
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exercise of other activities in that State, professional secrecy, relations
with other lawyers, the prohibition on the same lawyer acting forparties withmutually conflicting interests, and publicity. Th e latter
rules are applicable only if they are capable of being observed by a
lawyer who is not established in the host Member State and to theextent to which their observance is objectively justified to ensure, inthat State, the proper exercise of a lawyer's activities, the standing ofthe profession and respect for the rules concerning incompatibility.
Article 5
For the pursuit of activities relating to the representation of a client in
legal proceedings, a Member State may require lawyers to whom
Article 1 applies:
— to be introduced, in accordance withlocal rules or customs, to th e
presiding judge and, where appropriate, to the President of the rele-vant Bar in the host Member State;
— to work in conjunction with a lawyer who practises before the judi-
cial authority in question and who would, where necessary, be
answerable to that authority, or with an ‘avoué’ or ‘procuratore’
practising before it.
Article 6
Any Member State may exclude lawyers who are in the salaried
employment of a public or private undertaking from pursuing activitiesrelating to the representation of that undertaking in legal proceedings inso far as lawyers established in that State are not permitted to pursuethose activities.
Article 7
1. The competent authority of the host Member State may request
the person providing the services to establish his qualifications as a
lawyer.
2. In the event of non-compliance with the obligations referred to in
Article 4 and in force in the host Member State, the competentauthority of the latter shall determine in accordance with its own rulesand procedures the consequences of such non-compliance, and to thisend may obtain any appropriate professional information concerningthe person providing services. It shall notify the competent authority
of the Member State from which the person comes of any decision
taken. Such exchanges shall not affect the confidential nature of theinformation supplied.
Article 8
1. Member States shall bring into force the measures necessary to
comply with this Directive within two years of its notification and shallforthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the field
covered by this Directive.
Article 9
This Directive is addressed to the Member States.1977L0249 — EN — 01.01.1995 — 003.001 — 4