CELEX: E2007P0001
Language: en
Date: 2007-01-31 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht by decision of that court of 31 January 2007 in the criminal proceedings against Sedin Poric (Case E-1/07)

28.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/13
            
         Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht by decision of that court of 31 January 2007 in the criminal proceedings against Sedin Poric
   
   (Case E-1/07)
   (2007/C 143/08)
   A request has been made to the EFTA Court by decision of 31 January 2007 of Fürstliches Landgericht (Princely Court of Liechtenstein), which was received at the Court Registry on 7 February 2007, for an Advisory Opinion in the criminal proceedings against Sedin Poric on the following questions:
   
               1.
            
            
               Is a provision such as that of Article 57a of the Liechtenstein Lawyers Act [Rechtsanwaltsgesetz], according to which, in proceedings in which a party is represented by a lawyer or a defending counsel must be engaged, the European lawyer providing services must call in a local lawyer to act in conjunction with [Einvernehmensrechtsanwalt] pursuant to Article 49 of the Liechtenstein Lawyers Act, compatible with the provisions of the EEA Agreement relating to the freedom to provide services (Article 36(1) of the EEA Agreement), and in particular with Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services, and specifically with the second indent of Article 5 thereof?
            
         
               2.
            
            
               In case the EFTA Court answers the first question in the negative: may a provision of national law such as that of Article 57a of the Liechtenstein Lawyers Act which fails appropriately to transpose into national law a directive adopted in pursuance of Article 7 litra b of the EEA Agreement, such as the directive mentioned in Question 1, nevertheless be applied in a State which is a Contracting Party to the EEA Agreement?