LOCAL LAWYER IS INTENDED TO PROVIDE HIM WITH THE SUPPORT NECESSARY TO ENABLE HIM TO ACT WITHIN A JUDICIAL SYSTEM DIFFERENT FROM THAT TO WHICH HE IS ACCUSTOMED AND TO ASSURE THE JUDICIAL AUTHORITY CONCERNED THAT THE LAWYER PROVIDING SERVICES ACTUALLY HAS THAT SUPPORT AND IS THUS IN A POSITION FULLY TO COMPLY WITH THE PROCEDURAL AND ETHICAL RULES THAT APPLY .
24 ACCORDINGLY, THE LAWYER PROVIDING SERVICES AND THE LOCAL LAWYER, BOTH BEING SUBJECT TO THE ETHICAL RULES APPLICABLE IN THE HOST MEMBER STATE, MUST BE REGARDED AS BEING CAPABLE, IN COMPLIANCE WITH THOSE ETHICAL RULES AND IN THE EXERCISE OF THEIR PROFESSIONAL INDEPENDENCE, OF AGREEING UPON A FORM OF COOPERATION APPROPRIATE TO THEIR CLIENT' S INSTRUCTIONS .
25 THAT DOES NOT MEAN THAT IT WOULD NOT BE OPEN TO THE NATIONAL LEGISLATURES TO LAY DOWN A GENERAL FRAMEWORK FOR COOPERATION BETWEEN THE TWO LAWYERS . HOWEVER, THE RESULTANT OBLIGATIONS MUST NOT BE DISPROPORTIONATE IN RELATION TO THE OBJECTIVES OF THE DUTY TO WORK IN CONJUNCTION AS DEFINED ABOVE .
26 IT MUST, HOWEVER, BE POINTED OUT THAT THE GERMAN LAW OF 1980 IMPOSES UPON THE TWO LAWYERS WHO ARE REQUIRED TO WORK IN CONJUNCTION OBLIGATIONS WHICH GO FURTHER THAN IS NECESSARY FOR THE ATTAINMENT OF THOSE OBJECTIVES . NEITHER THE PRESENCE OF THE GERMAN LAWYER THROUGHOUT THE ORAL PROCEEDINGS NOR THE REQUIREMENT THAT THE GERMAN LAWYER MUST HIMSELF BE THE AUTHORIZED REPRESENTATIVE OR DEFENDING COUNSEL NOR THE DETAILED PROVISIONS CONCERNING PROOF OF WORK IN CONJUNCTION ARE IN GENERAL NECESSARY OR EVEN USEFUL FOR THE PROVISION OF THE SUPPORT REQUIRED BY THE LAWYER PROVIDING SERVICES .
27 IT MUST BE ADDED THAT ARTICLE 5 OF THE DIRECTIVE, IN REFERRING TO THE LOCAL LAWYER' S BEING "ANSWERABLE", IS REFERRING, AS STATED ABOVE, TO ANSWERABILITY TO THE JUDICIAL AUTHORITY CONCERNED AND NOT TO THE CLIENT . HOWEVER, THE PROBLEM OF POSSIBLY INADEQUATE KNOWLEDGE OF GERMAN LAW REFERRED TO BY THE GERMAN GOVERNMENT TO JUSTIFY THE REQUIREMENTS OF THE LAW OF 1980 FORMS PART OF THE RESPONSIBILITY OF THE LAWYER PROVIDING SERVICES VIS-A-VIS HIS CLIENT, WHO IS FREE TO ENTRUST HIS INTERESTS TO A LAWYER OF HIS CHOICE .
28 IT SHOULD ALSO BE POINTED OUT THAT THE GERMAN GOVERNMENT' S ARGUMENT THAT ONLY THE FORMS OF WORK IN CONJUNCTION PROVIDED FOR BY THE GERMAN LEGISLATION MAKE IT POSSIBLE TO ENSURE THAT LAWYERS PURSUE THEIR ACTIVITIES IN SUCH A WAY AS TO MAINTAIN SUFFICIENT CONTACT WITH THEIR CLIENTS AND THE JUDICIAL AUTHORITIES IS UNTENABLE . AS THE COURT STATED IN ITS JUDGMENT OF 12 JULY 1984 IN CASE 107/83 ORDRE DES AVOCATS AU BARREAU DE PARIS V KLOPP, (( 1984 )) ECR 2971, MODERN METHODS OF TRANSPORT AND TELECOMMUNICATIONS ENABLE LAWYERS TO ENSURE THE NECESSARY CONTACTS IN AN APPROPRIATE MANNER .
29 THE REASONS FOR CONSIDERING THAT THE DETAILED ARRANGEMENTS FOR WORK IN CONJUNCTION LAID DOWN BY THE LAW OF 1980 ARE, BY REASON OF THEIR DISPROPORTIONALITY, INCOMPATIBLE WITH THE TREATY DO NOT HOWEVER APPLY IN THE SAME WAY TO THE PROVISIONS