Case C-218/19: Judgment of the Court (First Chamber) of 17 December 2020 (request for a preliminary ruling from the Cour de cassation — France) — Adina Onofrei v Conseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris (Reference for a preliminary ruling — Free movement of persons — Freedom of establishment — Access to the profession of lawyer — Exemption from training and diploma requirements — Grant of the exemption — Conditions — National legislation providing for an exemption for category A civil servants and former category A civil servants or for persons treated as such with experience in the professional practice of national law, on national territory, in the national civil service of the Member State concerned or in an international organisation)
Date: 2020-12-17
Institutions: Court of Justice
Subjects: France, access to a profession, diploma, free movement of persons, higher education, lawyer, professional qualifications, recognition of vocational training qualifications, right of establishment, vocational training








C_2021053EN.01000501.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/5






Judgment of the Court (First Chamber) of 17 December 2020 (request for a preliminary ruling from the Cour de cassation — France) — Adina Onofrei v Conseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris
(Case C-218/19) (1)

(Reference for a preliminary ruling - Free movement of persons - Freedom of establishment - Access to the profession of lawyer - Exemption from training and diploma requirements - Grant of the exemption - Conditions - National legislation providing for an exemption for category A civil servants and former category A civil servants or for persons treated as such with experience in the professional practice of national law, on national territory, in the national civil service of the Member State concerned or in an international organisation)
(2021/C 53/05)
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Adina Onofrei

Defendants: Conseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris

Operative part of the judgment

Articles 45 and 49 TFEU must be interpreted as:






—


precluding national legislation which restricts an exemption from the requirements of professional training and holding a certificate of competence to exercise the profession of lawyer laid down, in principle, for entry to the profession of lawyer, to certain members of the civil service of a Member State who have performed legal work in that capacity in that Member State, in an administration or a public service or an international organisation, and which excludes from the scope of that exemption officials, members or former members of the EU civil service who have performed legal work in that capacity in an EU institution and outside French territory;










—


not precluding national legislation which makes such an exemption contingent on the person concerned having performed legal work in the field of national law, and excluding from the scope of that exemption officials, members or former members of the EU civil service who have performed legal work in that capacity, in one or more fields of EU law, provided that that national legislation does not exclude account from being taken of legal work involving the practice of national law.






(1)  OJ C 182, 27.5.2019.