Case C-225/09: Judgment of the Court (Fifth Chamber) of 2 December 2010 (reference for a preliminary ruling from the Giudice di pace di Cortona (Italy)) — Edyta Joanna Jakubowska v Alessandro Maneggia (European Union rules on the practice of the profession of lawyer — Directive 98/5/EC — Article 8 — Prevention of conflicts of interest — National rules prohibiting the practice of the profession of lawyer concurrently with employment as a part-time public employee — Removal from the register of lawyers)
Date: 2010-12-02
Institutions: Court of Justice
Subjects: European official, Italy, capacity to exercise rights, civil service, freedom to provide services, interpretation of the law, lawyer, professional qualifications, professional society








C_2011030EN.01000502.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/5





Judgment of the Court (Fifth Chamber) of 2 December 2010 (reference for a preliminary ruling from the Giudice di pace di Cortona (Italy)) — Edyta Joanna Jakubowska v Alessandro Maneggia
(Case C-225/09) (1)

(European Union rules on the practice of the profession of lawyer - Directive 98/5/EC - Article 8 - Prevention of conflicts of interest - National rules prohibiting the practice of the profession of lawyer concurrently with employment as a part-time public employee - Removal from the register of lawyers)
2011/C 30/08
Language of the case: Italian

Referring court

Giudice di pace di Cortona

Parties to the main proceedings


Applicant: Edyta Joanna Jakubowska

Defendant: Alessandro Maneggia

Re:

Reference for a preliminary ruling — Giudice di pace di Cortona — Interpretation of Article 6 of Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of the freedom to provide services (OJ 1977 L 78, p. 17), Article 8 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ 1998 L 77, p. 36), and Articles 3, 4, 10, 81 and 98 EC — National rules providing for the incompatibility of the practice of the profession of lawyer concurrently with employment as a part-time public employee — Removal from the register of lawyers who did not choose between private practice and part-time employment.

Operative part of the judgment







1.


Articles 3(1)(g) EC, 4 EC, 10 EC, 81 EC and 98 EC do not preclude national rules which prevent part-time public officials from practising the profession of lawyer, despite their being qualified to do so, by laying down that they are to be removed from the register of the competent Bar Council;










2.


Article 8 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 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 must be interpreted as meaning that it is open to a host Member State to impose on lawyers registered with a Bar in that Member State who are also, whether full or part-time, in the employ of another lawyer, an association or firm of lawyers, or a public or private enterprise, restrictions on the exercise of the profession of lawyer concurrent with that employment, provided that those restrictions do not go beyond what is necessary in order to attain the objective of preventing conflicts of interest and apply to all the lawyers registered in that Member State.






(1)  OJ C 205, 29.8.2009.