OF THAT LAW CONCERNING VISITS TO PERSONS HELD IN CUSTODY . SUCH VISITS ARE OF A SPECIAL NATURE, SPECIFIC TO THE RELATIONSHIP WHICH IS ESTABLISHED BETWEEN PERSONS IN CUSTODY AND THE COMPETENT COURT, WHICH DOES NOT EXIST IN THE CASE OF OTHER PERSONS .
30 MOREOVER, IT MUST BE RECOGNIZED THAT THERE MAY BE COGENT REASONS, IN PARTICULAR THOSE WHICH RELATE TO PUBLIC SECURITY THE APPRAISAL OF WHICH IS A MATTER FOR THE MEMBER STATE CONCERNED, FOR A MEMBER STATE TO LAY DOWN RULES GOVERNING CONTACTS BETWEEN LAWYERS AND PERSONS IN CUSTODY .
31 THOSE CONSIDERATIONS ALSO APPLY WHERE REPRESENTATION BY A LAWYER IS NOT COMPULSORY . CONSEQUENTLY, IT MUST BE STATED THAT THE GERMAN LAW WHICH IMPOSES AN OBLIGATION TO WORK IN CONJUNCTION FOR THE PURPOSE OF CONTACTS WITH PERSONS IN CUSTODY, EVEN WHERE REPRESENTATION BY A LAWYER IS NOT MANDATORY, IS NOT, IN THAT RESPECT, CONTRARY TO THE PROVISIONS OF THE DIRECTIVE .
32 HOWEVER, IN SO FAR AS THE GERMAN LAW PROVIDES THAT A LAWYER PROVIDING SERVICES MAY NOT, AS DEFENDING COUNSEL, VISIT A PERSON IN CUSTODY UNLESS ACCOMPANIED BY THE GERMAN LAWYER WITH WHOM HE IS WORKING IN CONJUNCTION, AND CANNOT CORRESPOND WITH A PERSON HELD IN CUSTODY EXCEPT THROUGH THAT GERMAN LAWYER, WITHOUT ANY EXCEPTION BEING ALLOWED, EVEN WITH THE AUTHORIZATION OF THE COURT OR OF THE AUTHORITY RESPONSIBLE FOR CONTACTS WITH PERSONS IN CUSTODY, THE RESTRICTIONS LAID DOWN BY THAT LAW GO FURTHER THAN IS NECESSARY TO ACHIEVE THE LEGITIMATE OBJECTIVES WHICH THAT LAW PURSUES .
33 ACCORDINGLY, THE COMMISSION' S COMPLAINTS CONCERNING THE PROCEDURES FOR WORK IN CONJUNCTION MUST BE UPHELD .
C - RESTRICTION TO A SPECIFIC GEOGRAPHICAL AREA OF THE RIGHT TO PLEAD
34 ACCORDING TO THE LAW OF 1980, PARAGRAPH 52 ( 2 ) OF THE BUNDESRECHTSANWALTORDNUNG ( FEDERAL REGULATION GOVERNING THE LAWYER' S PROFESSION ) MUST BE APPLIED BY ANALOGY IN CASES WHERE REPRESENTATION BY LAWYERS ADMITTED TO PRACTISE BEFORE THE JUDICIAL AUTHORITY IN QUESTION IS REQUIRED . BY VIRTUE OF THE CODE OF CIVIL PROCEDURE, SUCH REPRESENTATION IS COMPULSORY IN CIVIL CASES HEARD BY A LANDGERICHT ( REGIONAL COURT ) AND THE HIGHER COURTS - ( OBERLANDESGERICHTE ( HIGHER REGIONAL COURTS ) AND THE BUNDESGERICHTSHOF ( FEDERAL COURT OF JUSTICE ) - AND BY A FAMILIENGERICHT ( FAMILY COURT ). IN SO FAR AS REPRESENTATION BY A LAWYER IS COMPULSORY IN CASES BEFORE THOSE COURTS, THAT LAWYER MUST THEREFORE BE ADMITTED TO PRACTISE BEFORE THE COURT BEFORE WHICH THE CASE IS BROUGHT . A LAWYER NOT SO ADMITTED ONLY HAS THE RIGHT TO PRESENT OBSERVATIONS IN THE COURSE OF THE ORAL PROCEEDINGS WITH THE ASSISTANCE OF THE DULY ADMITTED LAWYER; THE LAW OF 1980 PLACES THE LAWYER PROVIDING SERVICES IN THE SAME POSITION .
35 THE COMMISSION CONSIDERS THAT ARTICLE 5 OF THE DIRECTIVE MERELY ALLOWS A REQUIREMENT TO BE IMPOSED THAT THE LAWYER PROVIDING SERVICES SHOULD ACT IN CONJUNCTION WITH A LAWYER ADMITTED TO PRACTISE BEFORE THE JUDICIAL AUTHORITY IN QUESTION, BUT DOES NOT ALLOW THE SERVICES