COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.09.1996 
COM(96) 446 final 
94/0299 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
to facilitate practice of the profession of lawyer on a permanent basis 
in a Member State other than that in which the qualification was obtained 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
1. GENERAL CONSIDERATIONS 
On 19 June 1996 the European Parliament delivered its opinion, at first reading as part 
of the co-decision procedure, on the proposal for a Directive to facilitate practice of the 
profession of lawyer on a permanent basis in a Member State other than that in which 
the qualification was obtained. 
The Commission accepted Parliament's main amendments, particularly those 
concerning the permanent character of establishment under the home-country 
professional title and the replacement of the aptitude test by a verification procedure 
for professional qualifications. It also took on board most of the other amendments 
presented by Parliament. The only amendments which it was unable to accept 
concerned four points which were of minor importance in the overall structure of the 
Directive but raised questions of principle. 
2. ANALYSIS OF AMENDMENTS 
1. The main amendments concern the permanent nature of the right to practise 
under the home-country professional title (amendment 10, concerning Article 2) and 
the replacement of the aptitude test by- a verification procedure for professional 
qualifications (amendment 35, concerning Article 10(2)). 
The permanent character of establishment under the home-country professional title 
was requested by Parliament's Legal Affairs Committee, inter alia in the light of the 
judgment handed down by the Court of Justice on 30 November 1995 in Case C-55/94 
Gebhard v Milan Bar Council (see point 4.2.3 of this report). The Economic and 
Social Committee expressed the same view in its opinion dated 5 July 1995 on the 
proposal for a Directive, as did the Council of the Bars and Law Societies of the 
European Community (CCBE) on 17 November 1995. 
The replacement of the aptitude test by a verification procedure for professional 
qualifications is designed to make it easier for lawyers who have accumulated a certain 
amount of experience but do not have time to prepare for the aptitude test to obtain the 
professional title of the host country. It should also be noted that exemption from the 
aptitude test as proposed by the Commission where lawyers can prove that they have 
pursued an activity involving the law of the host Member State for at least three years 
was accepted by Parliament subject to a few amendments (amendment 24, concerning 
Article 10(1)). 
2. The following amendments will entail major changes: salaried practice to be 
aligned on Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective 
exercise by lawyers of freedom to provide services (amendments 22 and 23, 
concerning Article 8) and consolidation of the host Member State's powers to oppose 
groupings controlled by persons who are not members of the legal profession 
(amendment 27, concerning Article 11). The authorization of salaried practice except 
in the case of certain specified activities is in line with the wishes of ECLA (European 
Company Lawyers Association). The restrictions on multidisciplinary practice, which 
reflect the position adopted by the CCBE on 17 November 1995, are in keeping with 
the reservations raised by the Economic and Social Committee. 
2 
3. The amendments that the Commission was unable to accept provided for the 
inclusion of Dutch "procureurs" (amendment 28 ex. 7, concerning Article 1), the 
exclusion of lawyers who have responsibilities within a government department 
(amendment 9, Article 1), proof of honourability (amendment 12, concerning 
Article 3(2)) and the obligation for the host Member State to exempt migrant lawyers 
from the requirement to join its social security scheme (amendment 21, Article 6). 
The Commission rejected these amendments for the following reasons. Dutch 
"procureurs" do not carry out the same duties as advocates. The exclusion of lawyers 
with responsibilities within a government department is not necessary in order to 
ensure that the specific procedures of supreme courts are complied with by virtue of 
the possible requirement to work in conjunction with a lawyer who practises before the 
judicial authority in question, as provided for in Article 5 of the proposal for a 
Directive; furthermore, such exclusion would deprive those lawyers of the benefits of 
the Directive and might lead to further requests for exclusion, for example for actions 
before the social or tax courts. Proof that the party concerned meets the honour, 
honourability and probity requirements associated with his duties seems 
disproportionate in view of the safeguards already provided for in Article 3 (certificate 
attesting to his registration), Article 7 (disciplinary proceedings) and Article 13 
(cooperation between the competent authorities in the home and host Member States) of 
the proposal for a Directive. Such proof is not required by Directive 77/249 to 
facilitate the effective exercise by lawyers of freedom to provide services. As regards 
the obligation for the host Member State to exempt lawyers from the requirement that 
they join its social security scheme, it is contrary to Regulation (EEC) No 1408/71 of 
the Council of 14 June 1971 on the application of social security schemes to employed 
persons, self employed persons and their families moving within the Community,1 and 
in particular Articles 13 and 17 thereof. In addition, this Regulation, which is based 
on Articles 51 and 235 of the EC Treaty, can be amended only unanimously, which 
excludes it from the present competence of Parliament in the co-decision procedure. 
3. CONCLUSIONS 
The amended proposal for a Directive takes account, in so far as possible, of the 
concerns expressed by the European Parliament, the Economic and Social Committee 
and the legal profession, represented by the CCBE. 
The European Parliament and the Council are invited to adopt the amended proposal as 
set out below: 
A consolidated version was published in OJ No C 325, 10.12.1992. 
3 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
to facilitate practice of the profession of lawyer on a permanent basis 
in a Member State other than that in which the qualification was obtained 
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 49, 
Article 57(1) and the first and third sentences of Article 57(2) thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the Economic and Social Committee2. 
Acting in accordance with the procedure referred to in Article 189b of the Treaty3 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
(unchanged unless mentioned below) 
1 OJ NoC 128 of 24.5.95, p. 6 
:OJ NoC 256 of 2.10.95. p. 14 
-" Opinion of the European Parliament of 19 June 1996, OJ N° C 
Common position of the Council of .... 1996 (not yet published in the Official Journal) 
Decision of the European Parliament of ... (not yet published in the Official Journal) 
( 1 ) Whereas, pursuant to Article 7a of the 
Treaty, the internal market is to 
comprise an area without internal 
frontiers; whereas, pursuant to 
Article 3(c) of the Treaty, the 
abolition, as between Member States, 
of obstacles to freedom of movement 
for persons and services constitutes 
one of the objectives of the 
Community; whereas, for nationals of 
the Member States, this means among 
other things the possibility of 
practising a profession, whether in a 
self-employed or a salaried capacity, 
in a Member State other than that in 
which they obtained their professional 
qualifications; 
(2) Whereas, pursuant to Council 
Directive 89/48/EEC of 
21 December 1988 on a general 
system for the recognition of 
higher-education diplomas awarded 
on completion of professional 
education and training of at least 
three years' duration,4 a lawyer who is 
fully qualified in one Member State 
may already ask to have his diploma 
recognized with a view to establishing 
himself in another Member State in 
order to practise the profession of 
lawyer there under the professional 
title used in that State; whereas the 
objective of Directive 89/48/EEC is 
to ensure that a migrant lawyer is 
integrated into the profession in the 
host Member State, and the Directive 
seeks neither to modify the rules 
regulating the profession in that State 
nor to remove such a lawyer from the 
ambit of those rules; 
OJNoL 19, 24.1.1989, p. 16. 
5" 
(3) Whereas while some migrant lawyers 
may become quickly integrated into 
the profession in the host 
Member State inter alia by passing an 
aptitude test as provided for in 
Directive 89/48/EEC, others may 
envisage such integration at the end of 
a period of professional practice in the 
host Member State under their 
home-country professional titles; (3) Whereas while some migrant lawyers may 
become quickly integrated into the profession 
in the host Member State inter alia by passing 
an aptitude test as provided for in 
Directive 89/48/EEC, others may envisage 
such integration after a certain period of 
professional practice in the host Member State 
under their home-country professional titles or 
else continue to practise under their home-
country professional titles ; 
(4) Whereas at the end of that period, 
which may not be longer than five 
years, the migrant lawyer should be 
able to gain access to the profession 
either automatically, where he has 
effectively practised the law of the 
host Member State including 
Community law for an unbroken 
period of three years, or, where that is 
not the case but where he can furnish 
evidence of professional experience in 
the host Member State, after 
undergoing a compensatory measure 
in the form of a simplified aptitude 
test; (4)Whereas at the end of that period the 
migrant lawyer should be able to gain access 
to the profession after verification that he 
possesses professional experience in the host 
Member State; 
(5) Whereas action along these lines is 
justified at Community level not only 
because, compared with the general 
system for the recognition of 
diplomas, it provides lawyers with a 
new means whereby, after a transition 
period, they can practise the 
profession on a permanent basis in a 
host Member State, but also because, 
by enabling lawyers to practise 
temporarily under their home-country 
professional titles, it meets the needs 
of consumers of legal services who, 
owing to the increasing trade flows 
resulting from the internal market, 
seek advice when carrying out 
cross-border transactions in which 
international law, Community law and 
domestic laws often overlap; (5)Whereas action along these lines is justified at 
Community level not only because, compared with 
the general system for the recognition of diplomas, it 
provides lawyers with an easier means whereby they 
can integrate into the profession in a host 
Member State, but also because, by enabling lawyers 
to practise temporarily under their home-country 
professional titles on a permanent basis in a host 
Member State, it meets the needs of consumers of 
legal services who, owing to the increasing trade 
flows resulting from the internal market, seek advice 
when carrying out cross-border transactions in which 
international law, Community law and domestic 
laws often overlap; 
(6) Whereas action is also justified at 
Community level because a few 
Member States already permit in their 
territory pursuit of the activities of 
lawyers, otherwise than by way of 
provision of services, by lawyers from 
other Member States practising under 
their home-country professional titles; 
whereas, however, in the 
Member States where this possibility 
exists the practical details concerning, 
for example, the area of activity and 
the obligation to register with the 
competent authorities differ 
considerably; whereas such a diversity 
of situations leads to inequalities and 
distortions in competition between 
lawyers from the Member States and 
is an obstacle to freedom of 
movement; whereas only a directive 
laying down the conditions governing 
practice of the profession, otherwise 
than by way of provision of services, 
by lawyers practising under their 
home-country professional titles is 
capable of resolving these difficulties 
and of affording the same 
opportunities to lawyers and 
consumers of legal services in all 
Member States; 
(7) Whereas, in keeping with its 
objective, this Directive does not lay 
down any rules concerning purely 
domestic situations, and where it does 
affect national rules regulating the 
legal profession it does so no more 
than is necessary to achieve its 
purpose effectively; whereas it is 
without prejudice to national 
legislation governing access to and 
practice of the profession of lawyer 
under the professional title used in the 
host Member State; 
\ 
(8) Whereas lawyers covered by this 
Directive should be required to 
register with the competent authority 
in the host Member State in order that 
that authority might ensure that they 
abide by the rules of professional 
conduct in force in that State; whereas 
the effect of such registration as 
regards the jurisdictions in which, and 
the levels and types of court before 
which, lawyers may practise is 
determined by the law applicable to 
lawyers in the host Member State; 
(9) Whereas lawyers who are not yet full 
integrated into the profession in the 
host Member State should practise in 
that State under their home-country 
professional titles so as to ensure that 
consumers are properly informed and 
to distinguish between such lawyers 
and lawyers from the host 
Member State practising under the 
professional title used there; 
9 
(10) Whereas lawyers covered by this 
Directive should be permitted to give 
advice on the law of their home 
Member States, on Community law, 
on international law and on the law of 
the host Member State; whereas this is 
already allowed under Council 
Directive 77/249/EEC of 22 March 
1977 to facilitate the effective exercise 
by lawyers of freedom to provide 
services5, as last amended by the Act 
of Accession of Austria, Finland and 
Sweden, as regards the provision of 
services; whereas, however, provision 
should be made, as in 
Directive 77/249/EEC, for the option 
of excluding from the activities of 
lawyers practising under their 
home-country professional titles in the 
United Kingdom and Ireland the 
preparation of certain formal 
documents in the conveyancing and 
probate spheres; whereas this 
Directive in no way affects the 
provisions under which, in every 
Member State, certain activities are 
reserved for professions other than the 
legal profession; whereas the 
provision in Directive 77/249/EEC 
concerning the right of the host 
Member State to require a lawyer 
practising under his home-country 
professional title to work in 
conjunction with a local lawyer when 
representing or defending a client in 
legal proceedings should also be 
incorporated in this Directive; 
whereas that requirement must be 
interpreted in the light of the case law 
of the Court of Justice of the 
European Communities, in particular 
its judgment of 25 February 1998 in 
Case 427/85 Commission v Germany^; 
(11) Whereas the list of professional titles 
used in Italy must be extended to 
include procuratore legale, as such 
persons now carry on the same 
activities as an avvocato; 
5 OJ No L 78, 26.3.1977, p.17. 
6(1988)ECR, p. 1123. « 
(12) Whereas a lawyer registered under his 
home-country professional title in the 
host Member State must remain 
registered with the competent 
authority in his home Member State if 
he is to retain his status of lawyer and 
be covered by this Directive; whereas 
for that reason close collaboration 
between the competent authorities is 
indispensable, notably in connection 
with any disciplinary proceedings; 
(13) Whereas lawyers covered by this 
Directive may, irrespective of their 
status of salaried or self-employed 
lawyers in their home Member States, 
practise as salaried lawyers in the host 
Member State where that 
Member State offers this possibility to 
its own lawyers; (13) Whereas lawyers covered by this 
Directive may, as in Directive 77/249/EEC, 
where they practise as salaried lawyers, be 
excluded from certain activities in the host 
Member State where that Member State also 
excludes its own lawyers from such activities; 
\o 
(14) Whereas the purpose pursued by this 
Directive in enabling lawyers to 
practise temporarily in another 
Member State under their 
home-country professional titles is to 
make it easier for them to practise the 
profession without restriction in 
accordance with Directive 89/48/EEC; 
whereas under Articles 48 and 52 of 
the Treaty as interpreted by the Court 
of Justice the host Member State must 
take into consideration any 
professional experience gained in its 
territory; whereas, after the effective 
pursuit in the host Member State for 
an unbroken period of three years of 
an activity involving the law of that 
State including Community law, it is 
reasonable to assume that a lawyer 
will have gained sufficient experience 
to become fully integrated into the 
legal profession there; whereas total 
exemption from any compensatory 
measures must therefore be 
automatically granted, whereas, if the 
unbroken period of activity in the host 
Member State does not involve the 
law of that State, including 
Community law, the compensation 
measures must be limited to an 
aptitude test on the law of procedure 
and the rules of professional conduct 
in the host Member State. (14) Whereas the purpose pursued by this Direc 
Court of Justice the host Member State must 
take into consideration any professional 
experience gained in its territory; whereas, 
after the effective pursuit in the host 
Member State regularly for a period of 
three years of an activity involving the law of 
that State including Community law, it is 
reasonable to assume that a lawyer will have 
gained sufficient experience to become fully 
integrated into the legal profession there; 
whereas at the end of that period the migrant 
lawyer should be able to gain access to the 
profession where he can, after verification, 
furnish experience of professional experience 
in the host Member State; 
(15) Whereas lawyers practising under 
their home-country professional titles 
must be afforded the opportunity of 
attending lectures or seminars in the 
host Member State so that they might 
acquire a knowledge of that State's 
law, including the rules regulating 
professional practice and conduct, or 
add to their existing knowledge in 
those areas; Deleted 
w 
(16) Whereas, for economic and 
professional reasons, there is a 
growing tendency for lawyers in the 
Community to practise jointly; 
whereas the fact that lawyers belong 
to a grouping in their home 
Member State should not be used as a 
pretext to prevent or deter them from 
establishing themselves in the host 
Member State; whereas 
Member States should be allowed, 
however, to take appropriate measures 
with the legitimate aim of 
safeguarding the profession's 
independence; whereas certain 
guarantees should be provided in 
those Member States which permit 
joint practice ; (15) Whereas, for economic and 
professional reasons, there is a growing 
tendency for lawyers in the Community to 
practise jointly; whereas the fact that lawyers 
belong to a grouping in their home 
Member State should not be used as a pretext 
to prevent or deter them from establishing 
themselves in the host Member State; whereas 
Member States should be allowed, however, to 
take appropriate measures with the legitimate 
aim of safeguarding the profession's 
independence; whereas certain guarantees 
should be provided in those Member States 
which permit joint practice ; 
HAVE ADOPTED THIS DIRECTIVE: 
Artkk I 
Object, scope and definitions 
The purpose of this Directive is to 
facilitate practice of the profession of 
lawyer on a permanent basis in a 
self-employed or salaried capacity in a 
Member State other than that in which 
the professional qualification was 
obtained. 
2. For the purposes of this Directive : 
(a) "lawyer" means any person who is a 
national of a Member State and who is 
authorized to pursue his professional 
activities under one of the following 
professional titles: 
Belgium: 
Denmark: 
Germany: 
Greece: 
Spain: 
France: 
Ireland: 
Italy: 
Luxembourg: 
Netherlands: 
Portugal: Avocat 
Advocaat 
Rechtsanwalt 
Advokat 
Rechtsanwalt 
ôtxrryoQoç 
Abogado 
Avocat 
Barrister 
Solicitor 
Avvocato 
Procuratore legale 
Avocat 
Advocaat 
Advogado Spain: 
Abogado/Advocat/Avogado/Abokatu 
Austria 
Finland, Rechtsanwalt 
Asianajaja/Advokat 
\h 
Sweden Advokat 
United Kingdom: Advocate 
Barrister 
Solicitor. 
(b) "home Member State" means the 
Member State in which a lawyer 
acquired the right to use one of the 
professional titles referred to in (a) 
before practising the profession of 
lawyer in another Member State. 
(c) "host Member State" means the 
Member State in which a lawyer 
practises pursuant to this Directive. 
(d) "home-country professional title" 
means the professional title used in 
the Member State in which a lawyer 
acquired the right to use that title 
before practising the profession of 
lawyer in the host Member State. 
(e) "grouping" means any entity, with or 
without legal personality, formed 
under the law of a Member State, 
within which lawyers pursue their 
professional activities jointly under a 
joint name. 
(ea) "relevant professional title" or "relevant 
profession" means the professional title or 
profession governed by the competent 
authority with whom a lawyer has registered 
under Article 3, and "relevant competent 
authority" means that authority. 
H 
This Directive shall apply both to 
lawyers practising in a self-employed 
capacity and to lawyers practising in a 
salaried capacity in the home 
Member State and, subject to 
Article 8, in the host Member State. 
Practice of the profession of lawyer 
within the meaning of this Directive 
shall not include the provision of 
services, which is covered by 
Directive 77/249/EEC. 
Article 2 
Temporary right to practise under the Right to practise under the home-country 
home-country professional title professional title 
Any lawyer shall be entitled to pursue 
for five years in any other 
Member State under his home-country 
professional title the activities 
specified in Article 5. Practice on a 
permanent basis in the host 
Member State shall be subject to 
Article 10 . Any lawye» shall be entitled to pursue on a 
permanent basis in any other Member State 
under his home-country professional title the 
activities specified in Article 5. Integration 
into the profession of lawyer in the host 
Member State shall be subject to Article 10 . 
l^ 
Article 3 
Registration with the competent authority 
1. A lawyer who wishes to practise in a 
Member State other than that in which 
he obtained his professional 
qualification shall register with the 
competent authority in that State. l.A lawyer who, wishes to practise in a 
Member State other than that in which he 
obtained his professional qualification shall 
register with the relevant competent authority in 
that State. 
The competent authority in the host 
Member State shall register the lawyer 
upon presentation of a certificate 
attesting to his registration with the 
competent authority in the home 
Member State. It may require that, 
when presented, the certificate be not 
more than three months old. It shall 
inform the competent authority in the 
home Member State of the 
registration. 2.The relevant competent authority in the host 
Member State shall register the lawyer upon 
presentation of a certificate attesting to his 
registration with the relevant competent authority 
in the home Member State. It may require that, 
when presented, the certificate be not more than 
three months old. It shall inform the relevant 
competent authority in the home Member State of 
the registration. 
For the purpose of applying 
paragraph 1 in the United Kingdom 
and Ireland, lawyers practising under a 
professional title other than those used 
in the United Kingdom or Ireland shall 
register either with the authority 
responsible for the profession of 
barrister or advocate or with the 
authority responsible for the 
profession of solicitor. 
IC 
For the purpose of applying 
paragraph 1 in the United Kingdom, 
the authority responsible for a 
barrister from Ireland shall be that 
responsible for the profession of 
barrister or advocate, and the authority 
responsible for a solicitor from Ireland 
shall be that responsible for the 
profession of solicitor. 
For the purpose of applying 
paragraph 1 in Ireland, the authority 
responsible for a barrister or an 
advocate from the United Kingdom 
shall be that responsible for the 
profession of barrister, and the 
authority responsible for a solicitor 
from the United Kingdom shall be that 
responsible for the profession of 
solicitor. 
4. Where the competent authority in a 
host Member State publishes the 
names of lawyers registered with it, it 
shall also publish the names of 
lawyers registered pursuant to this 
Directive. 4.Where the relevant competent authority in a 
host Member State publishes the names of 
lawyers registered with it, it shall also publish the 
names of lawyers registered pursuant to this 
Directive. 
\lr 
Article 4 
Temporarv practice under the home-countrv 
professional title Practice under the home-country professional 
title 
A lawyer practising in a host 
Member State under his home-country 
professional title shall do so under that 
title expressed in the official language 
or one of the official languages of his 
home Member State. 1 .A lawyer practising in a host Member State 
under his home-country professional title shall do 
so under that title, which must be expressed in the 
official language or one of the official languages 
of his home Member State, in an intelligible 
manner and in such a way as to avoid confusion 
with the professional title of the host Member 
State. 
A host Member State may require a 
lawyer practising under his home-
country professional title to indicate 
the professional body of which he is a 
member in his home Member State or 
the judicial authority before which he 
is entitled to practise pursuant to the 
laws of his home Member State. A 
host Member State may also require a 
lawyer practising under his 
home-country professional title to 
include a reference to his registration 
with the competent authority in that 
State. 2.For the purpose of applying paragraph 1, a 
host Member State may require a lawyer 
practising under his home-country 
professional title to indicate the professional 
body of which he is a member in his home 
Member State or the judicial authority before 
which he is entitled to practise pursuant to the 
laws of his home Member State. A host 
Member State may also require a lawyer 
practising under his home-country 
professional title to include a reference to his 
registration with the competent authority in 
that State. 
Where there is a risk of confusion 
with the professional title used in the 
host Member State, the competent 
authorities in that State may ask that a 
reference to the home Member State 
be added. Deleted 
itf 
Article 5 
Area of activity 
1. Subject to paragraphs 2 and 3, a 
lawyer practising under his 
home-country professional title shall 
carry on the same professional 
activities as a lawyer practising under 
the professional title used in the host 
Member State and may inter alia give 
advice on the law of his home 
Member State, on Community law, on 
international law and on the law of the 
host Member State. 1.Subject to paragraphs 2 and 3, a lawyer 
practising under his home-country professional 
title shall carry on the same professional 
activities as a lawyer practising under the 
relevant professional title used in the host 
Member State and may inter alia give advice on 
the law of his home Member State, on 
Community law, on international law and on the 
law of the host Member State. 
Member States which authorize in 
their territory a prescribed category of 
lawyers to prepare formal documents 
for obtaining title to administer estates 
of deceased persons and for creating 
or transferring interests in land which, 
in other Member States, are reserved 
for professions other than that of 
lawyer may exclude from such 
activities lawyers practising under a 
home-country professional title 
conferred in one of the latter 
Member States. 2.Member States which authorize in their 
territory a prescribed category of lawyers to 
prepare deeds for obtaining title to administer 
estates of deceased persons and for creating or 
transferring interests in land which, in other 
Member States, are reserved for professions other 
than that of lawyer may exclude from such 
activities lawyers practising under a 
home-country professional title conferred in one 
of the latter Member States. 
For the pursuit of activities relating to 
the representation or defence of a 
client in legal proceedings and in so 
far as the law of the host 
Member State makes representation 
by a lawyer mandatory, that 
Member State may require lawyers 
practising under their home-country 
professional titles to work in 
conjunction with a lawyer who 
practises before the judicial authority 
in question and who would, where 
necessary, be answerable to that 
authority or with an "avoué" or 
"procuratore" practising before it. 3. For the pursuit of activities relating to the 
representation or defence of a client in 
legal proceedings and in so far as the law 
of the host Member State reserves such 
activities to lawyers practising under the 
professional title of that State, the latter 
may require lawyers practising under 
their home-country professional titles to 
work in conjunction with a lawyer who 
practises before the judicial authority in 
question and who would, where 
necessary, be answerable to that authority 
or with an "avoué" or "procuratore" 
practising before it. 
\°v 
Article 6 
Rules of professional conduct applicable 
1. Irrespective of the rules of 
professional conduct to which he is 
subject in his home Member State, a 
lawyer practising under his home-
country professional title shall be 
subject to the rules of professional 
conduct of the host Member State in 
respect of all the activities he pursues 
in its territory. 1 .Irrespective of the rules of professional conduct 
to which he is subject in his home Member State, 
a lawyer practising under his home-country 
professional title shall be subject to the same 
rules of professional conduct as lawyers 
practising under the relevant professional title of 
the host Member State in respect of all the 
activities he pursues in its territory. 
2. Lawyers practising under their home-
country professional titles shall be 
granted appropriate representation in 
the professional associations of the 
host Member State. Such 
representation shall involve at least 
the right to vote in elections to those 
associations' governing bodies. 
2o 
The host Member State may require a 
lawyer practising under his home-
country professional title either to take 
out professional indemnity insurance 
or to become a member of a 
professional guarantee fund in 
accordance with the rules which that 
State lays down for professional 
activities pursued in its territory. 
Nevertheless, a lawyer practising 
under his home-country professional 
title shall be exempted from that 
requirement if he can prove that he is 
covered by insurance taken out or a 
guarantee provided in accordance with 
the rules of his home Member State, 
in so far as such insurance or 
guarantee is equivalent in terms of the 
conditions and extent of cover. Where 
the equivalence is only partial, the 
competent authority in the host 
Member State may require that 
additional insurance or an additional 
guarantee be contracted to cover the 
elements which are not already 
covered by the insurance ors guarantee 
contracted in accordance with the 
rules of the home Member State. 
l\ 
Article 7 
Disciplinary proceedings 
In the event of failure by a lawyer 
practising under his home-country 
professional title to fulfil the 
obligations in force in the host 
Member State, the rules of procedure, 
penalties and remedies provided for in 
the host Member State shall apply. 
Before initiating disciplinary 
proceedings against a lawyer, the 
competent authority in the host 
Member State shall inform the 
competent authority in the home 
Member State as soon as possible, 
furnishing it with all the relevant 
details. 
3. Without prejudice to the decision­
making power of the competent 
authority in the host Member State, 
that authority shall cooperate 
throughout the disciplinary 
proceedings with the competent 
authority in the home Member State. 
In particular, the host Member State 
shall take the measures necessary to 
ensure that the competent authority in 
the home Member State can make 
submissions to the bodies responsible 
for hearing any appeal. 
4. The competent authority in the home 
Member State shall decide what action 
to take, under its own procedural and 
substantive rules, in the light of a 
decision of the competent authority in 
the host Member State concerning a 
lawyer practising under his home-
country professional title. 
1-L 
5. Although it is not a prerequisite for 
the decision of the competent 
authority in the host Member State, 
the temporary or permanent 
withdrawal by the competent authority 
in the home Member State of the 
authorization to practise the 
profession shall automatically lead to 
the lawyer concerned being 
temporarily or permanently prohibited 
from practising under his home-
country professional title in the host 
Member State. 
*) n 
Article 8 
Salaried practice 
A lawyer registered in a host 
Member State under his home-
country professional title may practise 
as a salaried lawyer in the employ of 
another lawyer, an association or firm 
of lawyers, or a public or private 
enterprise where the host 
Member State so permits for lawyers 
registered under the professional title 
used in that State. A lawyer registered in a host Member State 
under his home-country professional title may 
practise as a salaried lawyer in the employ of 
another lawyer, an association or firm of 
lawyers, or a public or private enterprise. 
Any Member State may exclude salaried 
lawyers in the employ of a public or private 
enterprise from pursuing the activity of 
representation or defence in the 
administration of justice for that enterprise, if 
lawyers established in the host Member State 
are not authorised to pursue that activity. 
Article 9 
Statement of reasons and remedies 
Decisions not to effect the registration 
referred to in Article 3 or to cancel 
such registration and decisions 
imposing disciplinary measures shall 
state the reasons on which they are 
based. 
A remedy shall be available against 
such decisions before a court or 
tribunal in accordance with the 
provisions of national law. 
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Article 10 
Integration as a lawyer of the home 
Member State 
A lawyer practising under his 1. 
home-country professional title who 
has effectively pursued for an 
unbroken period of at least three years 
an activity involving thé law of the 
host Member State including 
Community law shall, with a view to 
his gaining admission to the 
profession of lawyer in the host 
Member State and practising there 
under the professional title 
corresponding to the profession in that 
State, be exempted from any aptitude 
test which may be required under 
Article 4(1 )(b) of Directive 
89/48/EEC. A lawyer practising under his 
home-country professional title who 
has effectively pursued regularly for a 
period of at least three years an 
activity involving the law of the host 
Member State including Community 
law shall, with a view to his gaining 
admission to the profession of lawyer 
in the host Member State and 
practising there under the professional 
title corresponding to the profession in 
that State, be exempted from the 
conditions set out in Article 4(1 )(b) of 
Directive 89/48/EEC. 
It shall be for the lawyer concerned to 
furnish proof of such effective pursuit 
for an unbroken period of at least 
three years of an activity involving the 
law of the host Member State. To that 
end, he shall provide the competent 
authority in the host Member State 
with any relevant information and 
documentation, notably on the number 
of cases he has dealt with and their 
nature. "Effective pursuit for an 
unbroken period" means actual 
exercise of the activity without any 
interruption other than that resulting 
from the events of everyday life. It shall be for the lawyer concerned to furnish 
proof of such effective pursuit regularly for a 
period of at least three years of an activity 
involving the law of the host Member State. 
To that end, he shall provide the relevant 
competent authority in the host Member State 
with any relevant information and 
documentation, notably on the number of 
cases he has dealt with and their nature. 
"Effective and regular pursuit " means actual 
exercise of the activity without any 
interruption other than that resulting from the. 
events of everyday life. 
2^ 
A lawyer practising under his home-
country professional title who has 
effectively pursued for an unbroken 
period of at least three years a 
professional activity in the host 
Member State may be required, in 
accordance with Article 4(1 )(b) of 
Directive 89/48/EEC only to take an 
aptitude test limited to the law of 
procedure and the rules of 
professional conduct of the host 
Member State. 2.A lawyer practising under his home-country 
professional title in a host Member State may, at 
any time, apply to have his diploma recognized in 
accordance with Directive 89/48/EEC with a 
view to gaining admission to the profession of 
lawyer in the host Member State and practising it 
under the professional title corresponding to the 
profession in that Member State. 
A lawyer practising under his 
home-country professional title may 
apply at any time during the five-year 
period referred to in Article 2 to have 
his diploma recognized pursuant to 
Directive 89/48/EEC with a view to 
gaining permanent admission to the 
profession of lawyer in the host 
Member State and practising it under 
the professional title used in that State. 3. A lawyer practising under his home-country 
professional title, who has effectively and 
regularly pursued a professional activity in the host 
Member State for a period of at least three years 
may obtain from the relevant competent authority 
of that State admission to the profession of lawyer 
in the host Member State and the right to practise 
it under the professional title corresponding to the 
profession in that host Member State, under the 
conditions and in accordance with the procedures 
set out below : 
(a) The relevant competent authority shall take into 
account the effective and regular professional 
activity pursued during the abovementioned period 
and any knowledge and professional experience of 
the law of the host Member State, and any 
attendance at lectures or seminars on the law of 
the host Member State, including the rules 
regulating professional practice and conduct. 
(b) The applicant shall provide the relevant 
competent authority with any relevant information 
and documentation, notably on the cases he has 
dealt with. The competent authority of the host 
Member State may, in order to verify the 
information provided, require the applicant to 
undergo an interview. 
When it examines an application, the 
competent authority shall take into 
account any attendance by the 
applicant at lectures or seminars on 
the law of the host Member State, 
including the rules regulating 
professional practice and conduct. 4. The relevant competent authority of the host 
Member State may, by reasoned decision 
subject to appeal under national law, refuse to 
allow the applicant the benefit of these 
provisions, if it considers that this would not 
be in the public interest, notably because of 
disciplinary proceedings, complaints or 
incidents of any kind. 
JUL. 
The representatives of the competent 
authority entrusted with the 
examination shall preserve the 
confidentiality of any information 
received. 5.The representatives of the relevant competent 
authority entrusted with consideration of the 
application shall preserve the confidentiality of 
any information received. 
A lawyer who gains admission to the 
profession of lawyer in the host 
Member State in accordance with 
paragraphs 1 to 5 shall be entitled to 
use his home-country professional 
title, expressed in the official language 
or one of the official languages of his 
home country, alongside the 
professional title used in the host 
Member State. 6.A lawyer who gains admission to the profession 
of lawyer in the host Member State in accordance 
with the above paragraphs shall be entitled to use 
his home-country professional title, expressed in 
the official language or one of the official 
languages of his home country, alongside the 
professional title corresponding to the profession 
of lawyer in the host Member State. 
2* 
Article 11 
Joint practice 
Where joint practice is permitted in the host 
Member State, it must take place in 
accordance with the following rules. Where joint practice is authorized in respect 
of lawyers carrying on their activities under 
the relevant professional title in the host 
Member State, the following provisions shall 
apply in respect of lawyers wishing to carry 
on activities under that title or registering 
with the relevant competent authority in 
respect of that title. 
1) One or more lawyers who belong to 
the same grouping in their home 
Member State and who practise under 
their home-country professional title 
in a host Member State may pursue 
their professional activities in a branch 
or agency of their grouping in the host 
Member State. However, where the 
fundamental rules governing that 
grouping in the home Member State 
are incompatible with the fundamental 
rules laid down by law, regulation or 
administrative action in the host 
Member State, the latter rules shall 
prevail in so far as compliance 
therewith is justified by the public 
interest in protecting clients and third 
parties. 
2K 
2) Each Member State shall afford two or 
more lawyers from the same grouping 
or the same home Member State who 
practise in its territory under their 
home-country professional titles 
access to a form of joint practice. If 
the host Member State gives its 
lawyers a choice between several legal 
forms in which to practise, those same 
legal forms shall also be made 
available to the aforementioned 
lawyers. The manner in which such 
lawyers practise jointly in the host 
Member State shall be governed by 
the laws, regulations and 
administrative provisions of that State. 
3) The host Member State shall take the 
measures necessary to permit joint 
practice also between : 
(a) several lawyers from different 
Member States practising under 
their home-country professional 
titles; 
(b) one or more lawyers covered by 
point (a) and one or more 
lawyers from- the host 
Member State. 
The manner in which such lawyers 
practise jointly in the host 
Member State shall be governed by 
the laws, regulations and 
administrative provisions of that State. 
4) A lawyer who wishes to practise under 
his home-country professional title 
shall inform the competent authority 
in the host Member State of the fact 
that he is a member of a grouping in 
this home Member State and furnish 
any relevant information on that 
grouping. 
i°\ 
5) Notwithstanding points 1-4, a host 
Member State which prohibits 
practice of the profession of lawyer 
within a grouping controlled by 
persons who are not members of the 
profession may refuse to allow a 
lawyer registered under his 
home-country professional title to 
practise in its territory in his capacity 
as a member of his grouping if the 
decision-making power in that 
grouping is exercised preponderantly 
by persons who do not have the status 
of lawyer. 5) Notwithstanding points 1-4, a host 
Member State which prohibits 
practice of the profession of lawyer 
within a grouping controlled by 
persons who are not members of the 
profession may refuse to allow a 
lawyer registered under his 
home-country professional title to 
practise in its territory in his capacity 
as a member of his grouping if the 
capital of the grouping is held, the 
name under which it practises is used, 
or the decision-making power in that 
grouping is exercised, de facto or de 
jure, by persons who do not have the 
status of lawyer within the meaning of 
Article 1(2) of this Directive. 
Where the fundamental rules 
governing a grouping of lawyers in 
the home Member State are 
incompatible with the rules in force in 
the host Member State or. with the 
provisions of the first subparagraph of 
this point, the host Member State may 
oppose the opening of a branch or 
agency within its territory without the 
restrictions laid down in Article 11(1). 
Article 12 
Name of the grouping 
Whatever the manner in which lawyers 
practise under their home-country professional 
titles in the host Member State, they may 
employ the name of any grouping to which 
they belong in their home Member State. The 
host Member State may require that, in 
addition to that name, mention be made of the 
legal form of the grouping in the home 
Member State and/or of the names of any 
members of the grouping practising in the host 
Member State. 
2>o 
Article 13 
Cooperation between the competent 
authorities 
in the home and host Member States 
In order to facilitate the application of this 
Directive and to prevent its provisions from 
being misapplied for the sole purpose of 
circumventing the rules applicable in the host 
Member State, the competent authority in the 
host Member State and the competent 
authority in the home Member State shall 
collaborate closely and afford each other 
mutual assistance. They shall preserve the 
confidentiality of the information they 
exchange. 
Article 14 
Designation of the competent authorities 
Member States shall designate, within the 
period provided for in Article 15, the 
competent authorities empowered to receive 
the applications and to take the decisions 
referred to in this Directive. They shall 
communicate this information to the other 
Member States and to the Commission. 
%\ 
Article 15 
Implementation 
Member States shall bring into force 
the laws, regulations and 
administrative provisions necessary to 
comply with this Directive by 31 
December 1996. They shall 
immediately inform the Commission 
thereof. Member States shall-bring into force 
the laws, regulations and 
administrative provisions necessary to 
comply with this Directive by 31 
December 1997. They shall 
immediately inform the Commission 
thereof. 
When Member States adopt these 
provisions, these shall contain a 
reference to this Directive or shall be 
accompanied by such reference at the 
time of their official publication. The 
procedure for such reference shall be 
adopted by Member States. 
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. 
32-
J Article 16 
Entry into force 
This Directive shall enter into force on the 
twentieth day following that of its publication 
in the Official Journal of the European 
Communities. 
Article 17 
Addressees 
This Directive is addressed to the 
Member States 
Done at Brussels, 
For the European Parliament For the Council 
The President The President 
3>i 

ISSN 0254-1475 
COM(96) 446 final 
DOCUMENTS 
EN 10 
Catalogue number : CB-CO-96-454-EN-C 
ISBN 92-78-08793-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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