Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/02/2010

Subject: The Court affirmed that European Union law does not preclude national rules which prevent part-time public officials from practising the profession of lawyer, despite their being qualified to do so, by laying down that they are to be removed from the register of the competent Bar Council. Directive 98/5/EC, to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, must be interpreted as meaning that it is open to a host Member State to impose on lawyers registered with a Bar in that Member State who are also, whether full or part time, in the employ of another lawyer, an association or firm of lawyers, or a public or private enterprise, restrictions on the exercise of the profession of lawyer concurrent with that employment, provided that those restrictions do not go beyond what is necessary in order to attain the objective of preventing conflicts of interest and apply to all the lawyers registered in that Member State.

Parties: Edyta Joanna Jakubowska c/ Alessandro Maneggia

Classification: Freedoms - Art. 15 Right of establishment

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