Case C-101/10: Judgment of the Court (Fourth Chamber) of 7 July 2011 (reference for a preliminary ruling from the Oberste Berufungs- und Disziplinarkommission — Austria) — Gentcho Pavlov, Gregor Famira v Ausschuss der Rechtsanwaltskammer Wien (External relations — Association agreements — National legislation excluding, before the accession of the Republic of Bulgaria to the European Union, Bulgarian nationals from inclusion on the list of trainee lawyers — Compatibility of that legislation with the prohibition of all discrimination based on nationality, as regards working conditions, in the EC-Bulgaria Association Agreement)
Date: 2011-07-07
Institutions: Court of Justice
Subjects: Austria, access to a profession, interpretation of the law, lawyer, recognition of diplomas








C_2011269EN.01001201.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/12





Judgment of the Court (Fourth Chamber) of 7 July 2011 (reference for a preliminary ruling from the Oberste Berufungs- und Disziplinarkommission — Austria) — Gentcho Pavlov, Gregor Famira v Ausschuss der Rechtsanwaltskammer Wien
(Case C-101/10) (1)

(External relations - Association agreements - National legislation excluding, before the accession of the Republic of Bulgaria to the European Union, Bulgarian nationals from inclusion on the list of trainee lawyers - Compatibility of that legislation with the prohibition of all discrimination based on nationality, as regards working conditions, in the EC-Bulgaria Association Agreement)
2011/C 269/18
Language of the case: German

Referring court

Oberste Berufungs- und Disziplinarkommission

Parties to the main proceedings


Applicants: Gentcho Pavlov, Gregor Famira

Defendant: Ausschuss der Rechtsanwaltskammer Wien

Re:

Reference for a preliminary ruling — Oberste Berufungs- und Disziplinarkommission — Interpretation of Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (OJ 1994 L 358 of 31 December 1994, p. 3) — Prohibition of any discrimination based on nationality as regards working conditions — Compatibility with that article of national rules excluding, before the accession of Bulgaria to the European Union, Bulgarian nationals from registration on the list of trainee lawyers — Direct effect of that provision

Operative part of the judgment

The principle of non-discrimination set out in the first indent of Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, concluded and approved on behalf of the Communities by Decision 94/908/ECSC, EC, Euratom of the Council and the Commission of 19 December 1994, must be interpreted as not having precluded, before the accession of the Republic of Bulgaria to the European Union, legislation of a Member State such as Paragraph 30(1) and (5) of the Austrian Code of Lawyers (Österreichische Rechtsanwaltsordnung), in the version applicable in the main proceedings, under which a Bulgarian national, because of a nationality condition laid down by that legislation, was unable to obtain inclusion on the list of trainee lawyers and, consequently, to obtain a certificate of entitlement to appear in court.


(1)  OJ C 134, 22.5.2010.