Notification of a decision of an association of undertakings (Case COMP/D3/38.775 — Orde van Vlaamse Balies) (Text with EEA relevance)
Date: 2003-09-03
Institutions: European Commission
Subjects: Belgium, inter-company cooperation, legal profession

C 207/22

EN

Official Journal of the European Union

3.9.2003

Notification of a decision of an association of undertakings

(Case COMP/D3/38.775 — Orde van Vlaamse Balies)

(2003/C 207/07)

(Text with EEA relevance)

1.
On 27 June 2003 the Commission received an application and a notification, pursuant to Articles 2
and 4 of Council Regulation No 17, of a regulation adopted by the Orde van Vlaamse Balies, or the
Association of Flemish Bars, which is the self-regulatory body of Dutch-speaking lawyers in Belgium.

2.
The Orde van Vlaamse Balies adopted on 22 January 2003 a regulation on professional cooperation
with non-lawyers, which contains a general prohibition for attorneys to enter into an association or to
form a group with non-lawyers with the intent to cooperate professionally, because this endangers their
independence, partiality, professional secrecy and the need to avoid conflicts of interest. The prohibition
applies to all types of cooperation which are more than occasional or ad hoc, such as integrated coop-
eration, groups, networks, national or international partners/partnerships, operational cooperation, linked
firms, integrated supply of services, multi-disciplinary referrals or economic interest groups. It is prohibited
amongst others that: 1. the share capital of the group or association is held, completely or partially,
directly or indirectly, by non-lawyers; 2. non-lawyers use the name of the group or association; 3.
non-lawyers control de facto or de jure the group or association; 4. lawyers and non-lawyers, directly or
indirectly, share fees or general costs. The existence of a prohibited group or association is presumed
when, amongst others, lawyers and non-lawyers, directly or indirectly, with or without compensation: (i)
share, use or make available to the other, offices, office building or other real estate; (ii) share or make
available to the other movable property such as office furniture, office equipment, hardware and software
or networks;
(iii) make payments to the other for goodwill or referrals of clients, reciprocally or
unilaterally;
(iv) take up loans or cash advances or pledge securities jointly, or grant loans or cash
advances or pledge securities to the other, reciprocally or unilaterally; (v) hire personnel or the services
of third parties jointly, or make available personnel or service providers to the other; (vi) do not invoice
directly to the client the services or goods delivered or the costs incurred, but invoice via the other; (vii)
develop or disseminate information, communication or publicity, jointly or via the other; (viii) grant or
receive any type of monetary or other advantage, directly or indirectly, to or from each other, in the
absence of identifiable lawyer's services in return.

Upon preliminary examination, the Commission finds that the notified decision could fall within the

3.
scope of Regulation 17.

The Commission invites interested third parties to submit their possible observations on this regu-

4.
lation to the Commission.

5.
Observations, with reference to case COMP/D3/38.775, must reach the Commission not later than
one month following the date of this publication. Observations can be sent to the Commission by fax
((32-2) 295 30 80), by e-mail to COMP-D3-MAIL@cec.eu.int or by post to the following address:

European Commission
Directorate General for Competition
Directorate D, unit 3 (office 2/39)
B-1049 Brussels.