WRITTEN QUESTION E-1449/01 by Mogens Camre (UEN) to the Commission. Lawyers' freedom to provide services ‐ payment for travelling time.
Date: 2001-05-17
Institutions: European Parliament, Provisional data
Subjects: allowances and expenses, freedom to provide services, lawyer, legal expenses, legal system

13.11.2001

EN

Official Journal of the European Communities

C 318 E/243

(cid:129) the obsolescence deadline;

(cid:129) the type of packaging suitable for transport;

(cid:129) the significance of any markings.

(1) Council Directive of 21 December 1989 on the approximation of the laws of the Member States relating to
personal protective equipment (89/686/EEC) as amended by Council Directive 93/68/EEC of 22 July 1993 (OJ L 220,
30.8.1993, p. 1), Council Directive 93/95/CEE of 29 October 1993 (OJ L 276, 9.11.1993, p. 11) and Directive
96/58/EC of the European Parliament and the Council of 3 September 1996 (OJ L 236, 18.9.1996, p. 44).

(2001/C 318 E/267)

WRITTEN QUESTION E-1449/01

by Mogens Camre (UEN) to the Commission

(17 May 2001)

Subject: Lawyers(cid:146) freedom to provide services (cid:129) payment for travelling time

According to paragraph 336c of the Danish Administration of Justice Act, a lawyer can be appointed to
represent a person, in both civil and criminal cases, the lawyer(cid:146)s fees for the case in question being met by
the State. The fees cover client meetings, possible inspections as well as the hearing itself, but not travel
expenses or the cost of travelling time, i.e. payment for the time the lawyer spends on travelling. The
lawyer can claim direct expenses for transport, such as plane and train tickets, from the client, but not
payment for time spent travelling. A convicted client in a criminal case refunds the State(cid:146)s expenses. In
some cases, the court also allows the lawyer(cid:146)s direct expenses to be paid by the State.

Can it be regarded as inconsistent with Council Directive 77/249/EEC (1) of 22 March 1977 to facilitate the
effective exercise by lawyers of freedom to provide services as well as with the principles of freedom of
movement, that lawyers appointed to represent a client, whose fees for work associated with the case itself
are provisionally met by the State, cannot receive payment for travelling time from the client, when the
lawyer does not live in the area covered by the jurisdiction of the court or comes from another EU
country?

(1) OJ L 78, 26.3.1977, p. 17.

Answer given by Mr Bolkestein on behalf of the Commission

(2 July 2001)

The payment of fees to court-appointed lawyers does not fall within the scope of Council Directive 77/
249/EEC of 22 March 1977, aimed at facilitating the effective exercise by lawyers of freedom to provide
services. The rule which prevents court-appointed lawyers from charging fees from their clients for time
spent travelling cannot therefore be in breach of this Directive.

The principle of freedom of movement covers both the provision of services and establishment. As regards
the provision of services, and assuming that a lawyer established in another Member State has been
appointed by the court, which does not seem to be common practice, the rule in question does not appear
to discriminate against this lawyer, even indirectly, insofar as the time spent travelling varies according to
the proximity of the client or the jurisdiction and the available means of transport. For example, the time
involved would be less for a lawyer established not far from the border than it would for a lawyer residing
in the jurisdiction of a Member State with a large area.

As regards establishment, the time spent travelling is the same for a lawyer established in the host Member
State as it is for a lawyer from this Member State.