01977L0249 — EN — 01.07.2013 — 006.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

COUNCIL DIRECTIVE

of 22 March 1977

to facilitate the effective exercise by lawyers of freedom to provide services

(77/249/EEC)

(OJ L 078 26.3.1977, p. 17)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DIRECTIVE 2006/100/EC of 20 November 2006

  L 363

141

20.12.2006

►M2

COUNCIL DIRECTIVE 2013/25/EU of 13 May 2013

  L 158

368

10.6.2013


Amended by:

►A1

ACT  concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties

  L 291

17

19.11.1979

►A2

ACT  concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties

  L 302

23

15.11.1985

 A3

ACT  (94/C 241/08)

  C 241

21

29.8.1994

 

  L 001

1

..

►A4

ACT  concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded

  L 236

33

23.9.2003



▼B

COUNCIL DIRECTIVE

of 22 March 1977

to facilitate the effective exercise by lawyers of freedom to provide services

(77/249/EEC)



Article 1

1.  
This Directive shall apply, within the limits and under the conditions laid down herein, to the activities of lawyers pursued by way of provision of services. Notwithstanding anything contained in this Directive, Member States may reserve to prescribed categories of lawyers the preparation of formal documents for obtaining title to administer estates of deceased persons, and the drafting of formal documents creating or transferring interests in land.
2.  



Belgium:

Avocat — Advocaat

Denmark:

Advokat

Germany:

Rechtsanwalt

France:

Avocat

Ireland:

Barrister

Solicitor

Italy:

Avvocato

Luxembourg:

Avocat-avoué

Netherlands:

Advocaat

United Kingdom:

Advocate

Barrister

Solicitor.

▼A1

Greece:

Δικηγόρος.

▼A2

Spain:

Abogado

Portugal:

Advogado

.

▼

Austria:

Rechtsanwalt

Finland:

AsianajajaAdvokat

Sweden:

Advokat

.

▼A4

Czech Republic:

Advokát

Estonia:

Vandeadvokaat

Cyprus:

Δικηγόρος

Latvia:

Zvērināts advokāts

Lithuania:

Advokatas

Hungary:

Ügyvéd

Malta:

Avukat/Prokuratur Legali

Poland:

Adwokat/Radca prawny

Slovenia:

Odvetnik/Odvetnica

Slovakia:

Advokát/Komerčný právnik.

▼M1

Bulgaria:

Aдвокат

Romania:

Avocat

▼M2

Croatia:

Odvjetnik/Odvjetnica.

▼B

Article 2

Each Member State shall recognize as a lawyer for the purpose of pursuing the activities specified in Article 1 (1) any person listed in paragraph 2 of that Article.

Article 3

A person referred to in Article 1 shall adopt the professional title used in the Member State from which he comes, expressed in the language or one of the languages, of that State, with an indication of the professional organization by which he is authorized to practise or the court of law before which he is entitled to practise pursuant to the laws of that State.

Article 4

1.  
Activities relating to the representation of a client in legal proceedings or before public authorities shall be pursued in each host Member State under the conditions laid down for lawyers established in that State, with the exception of any conditions requiring residence, or registration with a professional organization, in that State.
2.  
A lawyer pursuing these activities shall observe the rules of professional conduct of the host Member State, without prejudice to his obligations in the Member State from which he comes.
3.  
When these activities are pursued in the United Kingdom, ‘rules of professional conduct of the host Member State’ means the rules of professional conduct applicable to solicitors, where such activities are not reserved for barristers and advocates. Otherwise the rules of professional conduct applicable to the latter shall apply. However, barristers from Ireland shall always be subject to the rules of professional conduct applicable in the United Kingdom to barristers and advocates.

When these activities are pursued in Ireland ‘rules of professional conduct of the host Member State’ means, in so far as they govern the oral presentation of a case in court, the rules of professional conduct applicable to barristers. In all other cases the rules of professional conduct applicable to solicitors shall apply. However, barristers and advocates from the United Kingdom shall always be subject to the rules of professional conduct applicable in Ireland to barristers.

4.  
A lawyer pursuing activities other than those referred to in paragraph 1 shall remain subject to the conditions and rules of professional conduct of the Member State from which he comes without prejudice to respect for the rules, whatever their source, which govern the profession in the host Member State, especially those concerning the incompatibility of the exercise of the activities of a lawyer with the exercise of other activities in that State, professional secrecy, relations with other lawyers, the prohibition on the same lawyer acting for parties with mutually conflicting interests, and publicity. The latter rules are applicable only if they are capable of being observed by a lawyer who is not established in the host Member State and to the extent to which their observance is objectively justified to ensure, in that State, the proper exercise of a lawyer's activities, the standing of the profession and respect for the rules concerning incompatibility.

Article 5

For the pursuit of activities relating to the representation of a client in legal proceedings, a Member State may require lawyers to whom Article 1 applies:

— 
to be introduced, in accordance with local rules or customs, to the presiding judge and, where appropriate, to the President of the relevant Bar in the host Member State;
— 
to work in conjunction with a lawyer who practises before the judicial authority in question and who would, where necessary, be answerable to that authority, or with an ‘avoué’ or ‘procuratore’ practising before it.

Article 6

Any Member State may exclude lawyers who are in the salaried employment of a public or private undertaking from pursuing activities relating to the representation of that undertaking in legal proceedings in so far as lawyers established in that State are not permitted to pursue those activities.

Article 7

1.  
The competent authority of the host Member State may request the person providing the services to establish his qualifications as a lawyer.
2.  
In the event of non-compliance with the obligations referred to in Article 4 and in force in the host Member State, the competent authority of the latter shall determine in accordance with its own rules and procedures the consequences of such non-compliance, and to this end may obtain any appropriate professional information concerning the person providing services. It shall notify the competent authority of the Member State from which the person comes of any decision taken. Such exchanges shall not affect the confidential nature of the information supplied.

Article 8

1.  
Member States shall bring into force the measures necessary to comply with this Directive within two years of its notification and shall forthwith inform the Commission thereof.
2.  
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 9

This Directive is addressed to the Member States.


( 1 )  OJ No C 103, 5.10.1972, p. 19 and OJ No C 53, 8.3.1976, p. 33.

( 2 )  OJ No C 36, 28.3.1970, p. 37 and OJ No C .SO, 4.3.1976, p. 17.