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
Date: 1996-09-24
Institutions: European Commission
Subjects: access to a profession, lawyer, professional qualifications, recognition of diplomas, right of establishment

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. 

those 
The  Commission  accepted  Parliament's  main  amendments,  particularly 
concerning 
the  home-country 
the  permanent  character  of  establishment  under 
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, 
seems 
honourability 
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. 

requirements  associated  with  his  duties 

and  probity 

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 ) 

(2) 

the 

internal  market 

pursuant 
the  Treaty, 

Whereas, pursuant to Article 7a of the 
is 
Treaty, 
to 
internal 
comprise  an  area  without 
to 
frontiers;  whereas, 
Article 3(c)  of 
the 
abolition,  as  between  Member States, 
of  obstacles  to  freedom  of  movement 
for  persons  and  services  constitutes 
one  of 
the 
Community;  whereas,  for  nationals  of 
the Member States, this  means  among 
other 
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; 

objectives 

things 

the 

of 

of 

the 

recognition 

completion 

to  Council 
Whereas, 
pursuant 
of 
Directive 89/48/EEC 
a  general 
21 December  1988  on 
system 
of 
for 
higher-education  diplomas  awarded 
on 
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; 

O J N oL  19, 24.1.1989, p.  16. 

5" 

(3) 

(4) 

(5) 

in 

the 

profession 

Whereas  while  some  migrant  lawyers 
may  become  quickly  integrated  into 
host 
the 
Member  State  inter alia  by passing  an 
for 
aptitude 
in 
test  as  provided 
others  may 
Directive  89/48/EEC, 
envisage  such  integration  at the end of 
a period of professional  practice  in the 
host  Member  State 
their 
home-country  professional  titles; 

under 

test 

aptitude 

as  provided 

(3)  Whereas while  some migrant  lawyers  may 
become  quickly  integrated  into  the  profession 
in the host  Member  State  inter alia  by  passing 
an 
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 ; 

for 

(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; 

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 
including 
for  an  unbroken 
Community 
period  of three years, or, where that  is 
not  the  case  but  where  he  can  furnish 
evidence  of professional  experience  in 
after 
host  Member  State, 
the 
undergoing  a  compensatory  measure 
in  the  form  of  a  simplified  aptitude 
test; 

Member  State 
law 

into 

integrate 

the  profession 

(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 
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 
law  and  domestic 
international  law,  Community 
laws often  overlap; 

for 

the 

they 

practise 

recognition 

Whereas  action  along  these  lines  is 
justified  at  Community  level  not  only 
because,  compared  with  the  general 
system 
of 
diplomas,  it  provides  lawyers  with  a 
new means  whereby,  after  a  transition 
period, 
the 
can 
profession  on  a  permanent  basis  in  a 
host  Member  State,  but  also  because, 
to  practise 
lawyers 
by  enabling 
temporarily  under  their  home-country 
professional  titles,  it  meets  the  needs 
of  consumers  of  legal  services  who, 
owing  to  the  increasing  trade  flows 
the  internal  market, 
resulting  from 
carrying  out 
seek 
in  which 
transactions 
cross-border 
international  law, Community  law and 
domestic  laws often  overlap; 

advice  when 

(6) 

(7) 

in 

level  because  a 

is  also  justified  at 
Whereas  action 
few 
Community 
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, 
the 
however, 
Member States  where  this  possibility 
exists  the  practical  details  concerning, 
for  example,  the  area  of  activity  and 
to  register  with  the 
the  obligation 
differ 
authorities 
competent 
considerably;  whereas such a diversity 
of  situations  leads  to  inequalities  and 
in  competition  between 
distortions 
lawyers  from  the  Member  States  and 
is 
of 
movement;  whereas  only  a  directive 
laying  down  the  conditions  governing 
practice  of  the  profession,  otherwise 
than  by  way  of  provision  of  services, 
their 
by 
lawyers  practising  under 
is 
home-country  professional 
capable  of  resolving  these  difficulties 
same 
and 
affording 
of 
opportunities 
and 
to 
consumers  of  legal  services  in  all 
Member  States; 

the 
lawyers 

an  obstacle 

freedom 

titles 

to 

in 

keeping  with 

Whereas, 
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 
its 
than 
to  achieve 
it 
purpose  effectively;  whereas 
is 
without 
national 
prejudice 
legislation  governing  access  to  and 
practice  of  the  profession  of  lawyer 
under  the  professional  title  used  in the 
host Member  State; 

is  necessary 

to 

\ 

(8) 

(9) 

lawyers  covered  by 
required 
should  be 

this 
Whereas 
Directive 
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, 
is 
determined  by  the  law  applicable  to 
lawyers in the host Member State; 

lawyers  may  practise 

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 
host 
and 
the 
Member  State  practising  under 
professional  title used there; 

lawyers 

from 

the 

9 

(10)  Whereas 

as 

be 

and 

under 

made, 

Ireland 

allowed 

practising 

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 
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 
in 
Directive 77/249/EEC,  for  the  option 
of  excluding  from  the  activities  of 
lawyers 
their 
home-country  professional  titles  in the 
United Kingdom 
the 
formal 
of 
preparation 
documents  in  the  conveyancing  and 
this 
probate 
the 
Directive 
provisions  under  which, 
in  every 
Member State,  certain  activities  are 
reserved  for  professions  other than  the 
the 
legal 
in  Directive  77/249/EEC 
provision 
the  host 
concerning 
the  right  of 
Member State 
lawyer 
practising  under  his  home-country 
professional 
in 
conjunction  with  a  local  lawyer  when 
representing  or  defending  a  client  in 
legal  proceedings  should  also  be 
incorporated 
this  Directive; 
whereas  that  requirement  must  be 
interpreted  in the  light  of the case  law 
the 
of 
European Communities,  in  particular 
its judgment  of  25  February  1998  in 
Case 427/85 Commission  v Germany^; 

spheres;  whereas 
in  no  way  affects 

the  Court of Justice 

to  require  a 

profession; 

to  work 

whereas 

certain 

title 

of 

in 

(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. 

« 

the 

(12)  Whereas a lawyer registered under his 
home-country  professional  title  in the 
host  Member State  must 
remain 
registered  with 
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 
that 
Member State offers  this possibility to 
its own lawyers; 

where 

lawyers  covered  by 

(13)  Whereas 
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 

in 

the  effective  pursuit 

(14) Whereas the purpose pursued  by this Direc 
Court  of  Justice  the  host  Member State  must 
into  consideration  any  professional 
take 
experience  gained  in  its  territory;  whereas, 
after 
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 
there; 
integrated 
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; 

into  the  legal  profession 

into 

restriction 

consideration 

in  enabling 
temporarily 

lawyers 
in 
under 

(14)  Whereas  the  purpose  pursued  by  this 
to 
Directive 
another 
practise 
Member  State 
their 
home-country  professional  titles  is  to 
make  it easier  for  them  to practise  the 
in 
profession  without 
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 
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 
be 
automatically  granted,  whereas,  if  the 
unbroken  period  of activity  in the  host 
Member  State  does  not  involve  the 
State, 
law 
including 
the  compensation 
Community 
to  an 
measures  must  be 
aptitude  test  on  the  law  of  procedure 
and  the  rules  of  professional  conduct 
in the host Member  State. 

that 
law, 

therefore 

limited 

must 

of 

Deleted 

(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; 

w 

(16)  Whereas, 

in 

to 

their 

practise 

a  grouping 

economic 
there 

for 
and 
is  a 
reasons, 
professional 
growing  tendency  for  lawyers  in  the 
Community 
jointly; 
whereas  the  fact  that  lawyers  belong 
to 
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 
of 
legitimate 
with 
profession's 
the 
safeguarding 
certain 
independence; 
whereas 
guarantees  should  be  provided 
in 
those  Member  States  which  permit 
joint practice ; 

aim 

the 

in 

for 

there 

reasons, 

economic 

to  a  grouping 

(15)  Whereas, 
and 
is  a  growing 
professional 
tendency  for  lawyers  in  the  Community  to 
practise jointly;  whereas  the  fact  that  lawyers 
their  home 
belong 
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 
profession's 
independence;  whereas  certain  guarantees 
should  be  provided  in  those  Member  States 
which permit joint practice ; 

safeguarding 

the 

of 

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: 

Avocat 
Advocaat 
Rechtsanwalt 

Advokat 

Rechtsanwalt 

ôtxrryoQoç 

Abogado 

Spain: 

Abogado/Advocat/Avogado/Abokatu 

Avocat 

Barrister 
Solicitor 

Avvocato 

Procuratore  legale 

Luxembourg: 

Avocat 

Netherlands: 

Advocaat 

Portugal: 

Advogado 

Austria 

Rechtsanwalt 

Finland, 

Asianajaja/Advokat 

\h 

Sweden 

Advokat 

United  Kingdom: 

Advocate 
Barrister 
Solicitor. 

in  which  a 

the 
"home  Member  State"  means 
Member State 
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. 

"host  Member  State"  means 
Member  State 
practises pursuant to this Directive. 

in  which  a 

the 
lawyer 

professional 

"home-country 
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. 

"grouping"  means  any  entity,  with  or 
formed 
legal  personality, 
without 
under  the  law  of  a  Member  State, 
within  which 
their 
professional  activities  jointly  under  a 
joint name. 

lawyers  pursue 

(b) 

(c) 

(d) 

(e) 

(ea)  "relevant  professional  title"  or  "relevant 
profession"  means  the  professional  title  or 
profession 
competent 
authority  with  whom  a  lawyer  has  registered 
under  Article  3,  and  "relevant  competent 
authority" means that authority. 

governed 

the 

by 

H 

This  Directive  shall  apply  both  to 
lawyers  practising  in  a  self-employed 
capacity  and to  lawyers practising  in a 
home 
salaried 
Member  State 
to 
Article 8, in the host Member State. 

the 
subject 

capacity 

and, 

in 

Practice  of  the  profession  of  lawyer 
within  the  meaning  of  this  Directive 
include  the  provision  of 
shall  not 
services,  which 
by 
is 
Directive  77/249/EEC. 

covered 

Article  2 

Temporary 
right 
home-country  professional  title 

to  practise  under 

the  Right  to  practise  under  the  home-country 

professional  title 

in 

any 

five  years 

Any  lawyer  shall  be entitled  to  pursue 
for 
other 
Member  State under  his  home-country 
professional 
activities 
specified  in  Article 5.  Practice  on  a 
host 
permanent 
basis 
to 
Member  State  shall  be  subject 
Article  10 . 

title 

the 

the 

in 

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 
professional 
qualification  shall  register  with  the 
competent authority in that State. 

obtained 

his 

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 
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 
the 
registration. 

of 

in 

of 

the 

purpose 

applying 
For 
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 
the  authority 
register  either  with 
the  profession  of 
responsible 
the 
barrister  or  advocate  or  with 
the 
authority 
profession  of solicitor. 

responsible 

for 

for 

lawyer  who,  wishes 
than 

in  a 
l.A 
in  which  he 
Member State  other 
obtained  his  professional  qualification 
shall 
register  with  the  relevant  competent  authority  in 
that State. 

to  practise 
that 

2.The  relevant  competent  authority  in  the  host 
lawyer  upon 
Member  State  shall  register  the 
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 
It  shall  inform  the  relevant 
three months  old. 
competent authority  in the home Member  State of 
the registration. 

IC 

of 

for 

the 

purpose 

authority 

responsible 

For 
applying 
paragraph  1  in  the  United  Kingdom, 
the 
a 
barrister  from  Ireland  shall  be  that 
responsible 
the  profession  of 
barrister or advocate, and the authority 
responsible for  a solicitor from  Ireland 
shall  be 
the 
that  responsible 
profession  of  solicitor. 

for 

for 

For  the  purpose  of  applying 
paragraph  1  in  Ireland,  the  authority 
for  a  barrister  or  an 
responsible 
the  United  Kingdom 
advocate  from 
the 
that  responsible 
shall  be 
profession 
the 
of  barrister, 
authority  responsible  for  a  solicitor 
from  the United Kingdom  shall be that 
responsible 
the  profession  of 
solicitor. 

for 
and 

for 

4. 

Where  the  competent  authority  in  a 
the 
host  Member  State  publishes 
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 
the  names  of 
host  Member  State  publishes 
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 

lawyer  practising 

A 
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 
his 
lawyer 
home-country  professional 
to 
include  a  reference  to  his  registration 
with  the  competent  authority  in  that 
State. 

practising 

under 

title 

his 

under 

2.For the purpose  of applying paragraph  1, a 
host  Member State  may  require  a 
lawyer 
practising 
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 
lawyer 
Member  State  may  also  require  a 
practising 
home-country 
professional  title  to  include  a  reference  to  his 
registration  with  the  competent  authority  in 
that State. 

under 

his 

Deleted 

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. 

itf 

Article  5 

Area of activity 

1. 

the 

under 

practising 

to  paragraphs 2  and  3,  a 
Subject 
lawyer 
his 
home-country  professional  title  shall 
same  professional 
carry  on 
activities  as  a  lawyer  practising  under 
the  professional  title  used  in  the  host 
Member  State  and  may  inter alia  give 
law  of  his  home 
advice  on 
Member  State, on Community  law, on 
international  law and on the  law of the 
host Member State. 

the 

1.Subject 
lawyer 
to  paragraphs 2  and  3,  a 
practising  under  his  home-country  professional 
the  same  professional 
title  shall  carry  on 
the 
activities  as  a 
relevant  professional 
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. 

lawyer  practising  under 

title  used 

in 

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 
such 
lawyer  may  exclude 
activities  lawyers  practising  under  a 
title 
home-country 
conferred 
latter 
Member States. 

professional 
the 

in  one  of 

from 

in 

authorize 

2.Member  States  which 
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 
a 
home-country  professional  title  conferred  in  one 
of the latter Member States. 

practising 

lawyers 

under 

a 

as 

the 

law  of 

lawyer  mandatory, 

For the  pursuit  of  activities  relating  to 
the  representation  or  defence  of  a 
client  in  legal  proceedings  and  in  so 
far 
host 
the 
representation 
Member  State  makes 
that 
by 
Member  State  may  require 
lawyers 
practising  under  their  home-country 
in 
professional 
conjunction  with  a 
lawyer  who 
practises  before  the judicial  authority 
in  question  and  who  would,  where 
necessary,  be  answerable 
that 
authority  or  with  an  "avoué"  or 
"procuratore" practising before  it. 

to  work 

titles 

to 

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. 

3. 

\°v 

Article  6 

Rules of professional  conduct  applicable 

1. 

2. 

of 

the 

rules 

of 
Irrespective 
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 
lawyers 
practising  under the relevant professional  title  of 
the  host  Member State  in  respect  of  all  the 
activities he pursues in its territory. 

conduct  as 

Lawyers  practising  under  their  home-
country  professional 
titles  shall  be 
granted  appropriate  representation  in 
the  professional  associations  of  the 
host 
Such 
representation  shall  involve  at  least 
the  right  to  vote  in  elections  to  those 
associations' governing bodies. 

Member  State. 

2o 

its 

fund 

The  host  Member  State  may  require  a 
lawyer  practising  under  his  home-
country professional  title either to take 
out  professional  indemnity  insurance 
to  become  a  member  of  a 
or 
professional 
in 
guarantee 
accordance  with  the  rules  which  that 
for  professional 
State 
lays  down 
activities  pursued 
territory. 
in 
lawyer  practising 
Nevertheless,  a 
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 
insurance  or 
guarantee  is equivalent  in terms of the 
conditions and extent of cover.  Where 
the  equivalence  is  only  partial,  the 
competent 
the  host 
authority 
that 
Member  State  may 
additional  insurance  or  an  additional 
guarantee  be  contracted  to  cover  the 
elements  which 
are  not  already 
covered  by  the  insurance  ors guarantee 
contracted 
the 
in  accordance  with 
rules of the home Member State. 

in 
require 

far  as  such 

l\ 

Article 7 

Disciplinary  proceedings 

title 

In  the  event  of  failure  by  a  lawyer 
practising  under  his  home-country 
professional 
the 
the  host 
force 
obligations 
Member State, the  rules  of  procedure, 
penalties and remedies provided  for  in 
the host Member State shall apply. 

fulfil 

in 

in 

to 

3. 

4. 

initiating 

disciplinary 
Before 
the 
lawyer, 
proceedings  against  a 
the  host 
competent  authority 
the 
Member State 
shall 
competent  authority 
the  home 
Member State  as  soon  as  possible, 
furnishing 
it  with  all  the  relevant 
details. 

in 
inform 

in 

shall 

authority 

Without  prejudice  to  the  decision 
the  competent 
making  power  of 
authority  in  the  host  Member State, 
cooperate 
that 
disciplinary 
throughout 
the 
competent 
proceedings  with 
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. 

the 

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. 

or 

the 

temporary 

Although  it  is  not  a  prerequisite  for 
competent 
of 
the  decision 
authority  in  the  host  Member State, 
the 
permanent 
withdrawal  by the competent  authority 
in  the  home  Member State  of  the 
authorization 
the 
to 
profession  shall  automatically  lead  to 
being 
the 
temporarily  or permanently  prohibited 
from  practising  under  his  home-
country  professional  title  in  the  host 
Member State. 

concerned 

practise 

lawyer 

*) n 

Article  8 

Salaried  practice 

in  a  host 
registered 
lawyer 
A 
Member State 
home-
his 
under 
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 
host 
where 
Member State  so  permits  for  lawyers 
registered  under  the  professional  title 
used  in that State. 

the 

Article  9 

Statement of reasons and  remedies 

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 
the  activity  of 
enterprise 
representation 
the 
in 
administration  of justice  for  that  enterprise,  if 
lawyers  established  in  the  host  Member  State 
are not authorised to pursue  that  activity. 

from  pursuing 
or 

defence 

registration 

Decisions  not to effect  the  registration 
referred  to  in  Article 3  or  to  cancel 
such 
decisions 
imposing  disciplinary  measures  shall 
state  the  reasons  on  which  they  are 
based. 

and 

A  remedy  shall  be  available  against 
such  decisions  before  a  court  or 
tribunal 
the 
provisions of national  law. 

in  accordance  with 

*Y 

Article  10 

Integration 
Member  State 

as  a 

lawyer  of 

the  home 

under  his  1. 

for 

lawyer 

pursued 

effectively 

Member State 

A 
practising 
home-country  professional  title  who 
an 
has 
unbroken  period  of at least three years 
an  activity  involving  thé  law  of  the 
host 
including 
Community  law  shall,  with  a  view  to 
to 
his 
the 
gaining 
the  host 
profession  of 
there 
Member State  and  practising 
under 
title 
corresponding to the profession  in that 
State,  be  exempted  from  any  aptitude 
test  which  may  be  required  under 
Article 
Directive 
89/48/EEC. 

admission 
in 
lawyer 

professional 

4(1 )(b) 

the 

of 

least 

under 

lawyer  practising 

A 
his 
home-country  professional  title  who 
has effectively  pursued  regularly for  a 
period  of  at 
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 
and 
the  host  Member State 
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 
"Effective  pursuit  for  an 
nature. 
unbroken 
actual 
exercise  of  the  activity  without  any 
interruption  other  than  that  resulting 
from  the events of everyday  life. 

period"  means 

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 
and 
with 
documentation,  notably  on  the  number  of 
cases  he  has  dealt  with  and  their  nature. 
"Effective  and  regular  pursuit  "  means  actual 
exercise  of 
any 
interruption  other  than  that  resulting  from  the. 
events of everyday  life. 

activity  without 

information 

relevant 

any 

the 

2^ 

in 

A  lawyer  practising  under  his  home-
country  professional 
title  who  has 
effectively  pursued  for  an  unbroken 
three  years  a 
least 
period  of  at 
professional 
the  host 
activity 
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 
of 
procedure 
rules 
professional  conduct  of 
the  host 
Member State. 

and 

the 

lawyer 

A 
under  his 
practising 
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 
the  host 
lawyer 
Member  State  and  practising  it  under 
the professional  title used in that State. 

in 

any 

attendance  by 

When  it  examines  an  application,  the 
competent  authority  shall  take  into 
account 
the 
applicant  at  lectures  or  seminars  on 
the  law  of  the  host  Member State, 
regulating 
including 
professional  practice and conduct. 

rules 

the 

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. 

title,  who  has  effectively 

3. A  lawyer  practising  under  his  home-country 
professional 
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, 
the  rules 
regulating professional  practice  and  conduct. 

including 

the  relevant 
(b)  The  applicant  shall  provide 
competent  authority  with  any  relevant  information 
and  documentation,  notably  on  the  cases  he  has 
dealt  with.  The  competent  authority  of  the  host 
the 
Member  State  may, 
information  provided,  require 
to 
undergo an interview. 

to  verify 
the  applicant 

in  order 

the  applicant 

4.  The relevant competent  authority  of the host 
Member  State  may,  by  reasoned  decision 
subject  to appeal  under national  law, refuse  to 
allow 
these 
provisions,  if  it  considers  that  this  would  not 
be  in  the  public  interest,  notably  because  of 
disciplinary  proceedings, 
or 
incidents of any kind. 

the  benefit  of 

complaints 

JUL. 

The  representatives  of  the  competent 
the 
authority 
the 
examination 
confidentiality  of  any 
information 
received. 

entrusted 
shall 

with 
preserve 

A  lawyer  who  gains  admission  to  the 
profession  of 
the  host 
in 
lawyer 
in  accordance  with 
Member  State 
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 
the 
professional 
in  the  host 
Member  State. 

title  used 

alongside 

country, 

5.The  representatives  of  the  relevant  competent 
authority  entrusted  with  consideration  of  the 
application  shall  preserve  the  confidentiality  of 
any information  received. 

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, 
in 
it  must 
accordance with the following rules. 

take  place 

Where joint  practice  is  authorized  in  respect 
of  lawyers  carrying  on  their  activities  under 
the  relevant  professional 
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 
in 
the  relevant  competent  authority 
respect of that title. 

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 
that 
grouping  in  the  home  Member State 
are  incompatible with the  fundamental 
rules  laid  down  by  law,  regulation  or 
administrative  action 
the  host 
Member  State,  the  latter  rules  shall 
prevail 
far  as  compliance 
therewith  is  justified  by  the  public 
interest  in  protecting  clients  and  third 
parties. 

rules  governing 

in  so 

in 

2K 

2) 

professional 

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 
titles 
home-country 
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 
shall  also  be  made 
legal 
available 
aforementioned 
the 
lawyers.  The  manner  in  which  such 
lawyers  practise  jointly  in  the  host 
Member  State  shall  be  governed  by 
the 
and 
administrative  provisions of that State. 

forms 
to 

regulations 

laws, 

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 
and  one  or  more 
host 
the 

from- 

point  (a) 
lawyers 
Member  State. 

jointly 

The  manner  in  which  such  lawyers 
practise 
host 
Member  State  shall  be  governed  by 
the 
and 
administrative  provisions of that State. 

regulations 

laws, 

the 

in 

4) 

A lawyer who wishes to practise under 
title 
his  home-country  professional 
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 
that 
grouping. 

information  on 

relevant 

i°\ 

5) 

which 

Notwithstanding  points  1-4,  a  host 
prohibits 
Member State 
practice  of  the  profession  of  lawyer 
within  a  grouping  controlled  by 
persons  who  are  not  members  of  the 
to  allow  a 
profession  may  refuse 
his 
lawyer 
under 
home-country  professional 
to 
practise  in  its  territory  in  his  capacity 
as  a  member  of  his  grouping  if  the 
decision-making 
that 
grouping  is  exercised  preponderantly 
by persons  who  do  not  have the  status 
of lawyer. 

registered 

power 

title 

in 

Article  12 

Name of the  grouping 

in  which 

the  manner 

lawyers 
Whatever 
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 
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. 

require 

that, 

which 

registered 

Notwithstanding  points  1-4,  a  host 
prohibits 
Member State 
practice  of  the  profession  of  lawyer 
within  a  grouping  controlled  by 
persons  who  are  not  members  of  the 
to  allow  a 
profession  may  refuse 
his 
lawyer 
under 
home-country  professional 
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. 

title 

State 

home  Member 

Where  the  fundamental  rules 
governing  a  grouping  of  lawyers  in 
are 
the 
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). 

5) 

2>o 

Article 13 

Cooperation 
authorities 

between 

the 

competent 

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 
competent 
authority  in  the  home  Member  State  shall 
collaborate  closely  and  afford  each  other 
mutual  assistance.  They  shall  preserve  the 
confidentiality 
they 
the 
exchange. 

information 

and 

the 

of 

Article  14 

Designation  of the competent authorities 

for 

the 
Member States  shall  designate,  within 
the 
in  Article  15, 
period  provided 
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. 

%\ 

laws, 

regulations 

Member States  shall-bring  into  force 
the 
and 
administrative  provisions  necessary  to 
comply  with  this  Directive  by  31 
December 
shall 
immediately  inform  the  Commission 
thereof. 

1997. 

They 

Article  15 

Implementation 

laws, 

regulations 

Member States  shall  bring  into  force 
the 
and 
administrative  provisions  necessary  to 
comply  with  this  Directive  by  31 
December 
shall 
immediately  inform  the  Commission 
thereof. 

1996. 

They 

these 
When  Member  States  adopt 
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  European 
Communities. 

the  Official  Journal  of 

Article  17 

Addressees 

This  Directive 
Member  States 

is 

addressed 

to 

the 

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 

*Y