Keywords
Summary

Keywords

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FREEDOM TO PROVIDE SERVICES - LAWYERS - DIRECTIVE 77/249 - IMPLEMENTATION - OBLIGATION TO WORK IN CONJUNCTION WITH A LOCAL LAWYER - SCOPE - DETAILED ARRANGEMENTS - TERRITORIAL RESTRICTION OF THE RIGHT TO PLEAD APPLICABLE TO LOCAL LAWYERS - NOT APPLICABLE TO THE LAWYER PROVIDING SERVICES

( EEC TREATY, ARTS 59 AND 60; COUNCIL DIRECTIVE 77/249 )

Summary

THE FEDERAL REPUBLIC OF GERMANY FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLES 59 AND 60 OF THE EEC TREATY AND COUNCIL DIRECTIVE 77/249/EEC TO FACILITATE THE EFFECTIVE EXERCISE BY LAWYERS OF FREEDOM TO PROVIDE SERVICES,

BY REQUIRING THE LAWYER PROVIDING SERVICES TO ACT IN CONJUNCTION WITH A LAWYER ESTABLISHED ON GERMAN TERRITORY, EVEN WHERE UNDER GERMAN LAW THERE IS NO REQUIREMENT OF REPRESENTATION BY A LAWYER

BY REQUIRING THAT THE GERMAN LAWYER, IN CONJUNCTION WITH WHOM HE MUST ACT, HIMSELF BE THE AUTHORIZED REPRESENTATIVE OR DEFENDING COUNSEL IN THE CASE,

BY NOT ALLOWING THE LAWYER PROVIDING SERVICES TO APPEAR IN THE ORAL PROCEEDINGS UNLESS HE IS ACCOMPANIED BY THE SAID GERMAN LAWYER,

BY LAYING DOWN UNJUSTIFIED REQUIREMENTS REGARDING PROOF OF THE CO-INVOLVEMENT OF THE TWO LAWYERS,

BY IMPOSING THE REQUIREMENT, WITHOUT ANY POSSIBLE EXCEPTION, THAT THE LAWYER PROVIDING SERVICES IS TO BE ACCOMPANIED BY A GERMAN LAWYER IF HE VISITS A PERSON HELD IN CUSTODY AND IS NOT TO CORRESPOND WITH THAT PERSON EXCEPT THROUGH THE SAID GERMAN LAWYER, AND

BY MAKING LAWYERS PROVIDING SERVICES SUBJECT TO THE RULE OF TERRITORIAL EXCLUSIVITY LAID DOWN IN PARAGRAPH 52 ( 2 ) OF THE BUNDESRECHTSANWALTSORDNUNG .