Case C-359/09: Judgment of the Court (Fourth Chamber) of 3 February 2011 (reference for a preliminary ruling from the Fővárosi Ítélőtábla (Hungary)) — Donat Cornelius Ebert v Budapesti Ügyvédi Kamara (Lawyers — Directive 89/48/EEC — Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration — Directive 98/5/EC — Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained — Use of the professional title of the host Member State — Conditions — Registration with the Bar Association of the host Member State)
Date: 2011-02-03
Institutions: Court of Justice
Subjects: Hungary, access to a profession, interpretation of the law, lawyer, recognition of diplomas








C_2011103EN.01000601.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/6





Judgment of the Court (Fourth Chamber) of 3 February 2011 (reference for a preliminary ruling from the Fővárosi Ítélőtábla (Hungary)) — Donat Cornelius Ebert v Budapesti Ügyvédi Kamara
(Case C-359/09) (1)

(Lawyers - Directive 89/48/EEC - Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration - Directive 98/5/EC - Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained - Use of the professional title of the host Member State - Conditions - Registration with the Bar Association of the host Member State)
2011/C 103/08
Language of the case: Hungarian

Referring court

Fővárosi Ítélőtábla

Parties to the main proceedings


Applicant: Donat Cornelius Ebert

Defendant: Budapesti Ügyvédi Kamara

Re:

Reference for a preliminary ruling — Fővárosi Ítélőtábla — Interpretation of 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 (OJ 1989 L 19, p. 16) and 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 (OJ 1998 L 77, p. 36) — Legislation of a Member State reserving the possibility of practising law, using the professional lawyer’s title of that State, to lawyers who are registered with the Bar Association in that Member State

Operative part of the judgment







1.


Neither 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, as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001, nor 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 preclude national rules laying down the requirement to be a member of a body such as a Bar Association in order to practise the profession of lawyer under the title of lawyer of the host Member State.










2.


Directives 89/48 and 98/5 complement one another by establishing two means by which lawyers from Member States may gain admission to the profession of lawyer in a host Member State under the professional title of that Member State.






(1)  OJ C 312, 19.12.2009.