Claude Gullung v Conseil de l'ordre des avocats du barreau de Colmar et de Saverne.

• Jurisdiction: European Union
• Celex Number: 61986CJ0292
• ECLI: ECLI:EU:C:1988:15
• Date: 19 January 1988
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 292/86

Avis juridique important

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61986J0292

Judgment of the Court (Sixth Chamber) of 19 January 1988. - Claude Gullung v Conseil de l'ordre des avocats du barreau de Colmar et de Saverne. - Reference for a preliminary ruling: Cour d'appel de Colmar - France. - Right of establishment and freedom of lawyers to provide services. - Case 292/86.

European Court reports 1988 Page 00111
Swedish special edition Page 00291
Finnish special edition Page 00293

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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1 . FREEDOM TO PROVIDE SERVICES - COMMUNITY RULES - SCOPE RATIONE PERSONAE - NATIONAL OF TWO MEMBER STATES ESTABLISHED IN ONE STATE AND RELYING ON THE FREEDOM TO PROVIDE SERVICES IN ANOTHER - INCLUSION - LAWYERS - DIRECTIVE 77/249

( COUNCIL DIRECTIVE 77/249 )

2 . FREEDOM TO PROVIDE SERVICES - LAWYERS - DIRECTIVE 77/249 - SCOPE - LAWYER RELYING ON THE FREEDOM TO PROVIDE SERVICES IN A MEMBER STATE WHERE HE HAS BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION FOR REASONS RELATING TO THE OBSERVANCE OF PROFESSIONAL ETHICS - EXCLUSION

( COUNCIL DIRECTIVE 77/249 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - LAWYERS - ACCESS TO THE LEGAL PROFESSION - REQUIREMENT OF REGISTRATION AT A BAR - PERMISSIBILITY

( EEC TREATY, SECOND PARAGRAPH OF ART . 52 )

Summary

1 . FREEDOM OF MOVEMENT FOR PERSONS, FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES, WHICH ARE FUNDAMENTAL IN THE COMMUNITY SYSTEM, WOULD NOT BE FULLY REALIZED IF A MEMBER STATE WERE ENTITLED TO REFUSE TO GRANT THE BENEFIT OF THE PROVISIONS OF COMMUNITY LAW TO THOSE OF ITS NATIONALS WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE OF WHICH THEY ARE ALSO A NATIONAL AND WHO TAKE ADVANTAGE OF THE FACILITIES OFFERED BY COMMUNITY LAW IN ORDER TO PURSUE THEIR ACTIVITIES IN THE TERRITORY OF THE FIRST STATE BY WAY OF PROVISION OF SERVICES . CONSEQUENTLY, A NATIONAL OF TWO MEMBER STATES WHO IS ADMITTED TO PRACTISE AS A MEMBER OF THE LEGAL PROFESSION IN ONE OF THOSE STATES MAY RELY ON THE PROVISIONS OF DIRECTIVE 77/249 IN THE TERRITORY OF THE OTHER STATE WHERE THE CONDITIONS FOR THE APPLICATION OF THAT DIRECTIVE, AS DEFINED THEREIN, ARE SATISFIED .

2 . DIRECTIVE 77/249 MUST BE INTERPRETED AS MEANING THAT ITS PROVISIONS MAY NOT BE RELIED UPON BY A LAWYER ESTABLISHED IN ONE MEMBER STATE WITH A VIEW TO PURSUING HIS ACTIVITIES BY WAY OF THE PROVISION OF SERVICES IN THE TERRITORY OF ANOTHER MEMBER STATE WHERE HE HAD BEEN BARRED FROM ACCESS TO THE LEGAL PROFESSION IN THE LATTER MEMBER STATE FOR REASONS RELATING TO DIGNITY, GOOD REPUTE AND INTEGRITY .

3 . ARTICLE 52 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE WHOSE LEGISLATION REQUIRES LAWYERS TO BE REGISTERED AT A BAR MAY PRESCRIBE THE SAME REQUIREMENT FOR LAWYERS WHO COME FROM OTHER MEMBER STATES AND WHO TAKE ADVANTAGE OF THE RIGHT OF ESTABLISHMENT GUARANTEED BY THE TREATY IN ORDER TO ESTABLISH THEMSELVES AS MEMBERS OF A LEGAL PROFESSION IN ITS TERRITORY .

Parties

IN CASE 292/86

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COUR D' APPEL ( COURT OF APPEAL ), COLMAR, FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

CLAUDE GULLUNG, RESIDING IN MULHOUSE,

AND

CONSEIL DE L' ORDRE DES AVOCATS DU BARREAU DE COLMAR ( COLMAR BAR COUNCIL ),

AND

CONSEIL DE L' ORDRE DES AVOCATS DU BARREAU DE SAVERNE ( SAVERNE BAR COUNCIL ),

INTERVENERS :

SYNDICAT DES AVOCATS DE FRANCE ( UNION OF FRENCH AVOCATS ),

CONFEDERATION SYNDICALE DES AVOCATS ( FEDERATION OF AVOCATS ),

CONFERENCE DES BATONNIERS ( BATONNIERS' ASSOCIATION ) AND

FEDERATION NATIONALE DES UNIONS DE JEUNES AVOCATS ( NATIONAL FEDERATION OF YOUNG AVOCATS' UNIONS )

ON THE INTERPRETATION OF ARTICLE 52 OF THE EEC TREATY AND COUNCIL DIRECTIVE 77/249/EEC OF 22 MARCH 1977 ( OFFICIAL JOURNAL 1977, L 78, P . 17 ),

THE COURT ( SIXTH CHAMBER )

COMPOSED OF : O . DUE, PRESIDENT OF CHAMBER, G . C . RODRIGUEZ IGLESIAS, T . KOOPMANS, K . BAHLMANN AND T . F . O' HIGGINS, JUDGES,

ADVOCATE GENERAL : M . DARMON

REGISTRAR : D . LOUTERMAN, ADMINISTRATOR

AFTER CONSIDERING THE OBSERVATIONS SUBMITTED ON BEHALF OF

C . GULLUNG, THE APPLICANT IN THE MAIN PROCEEDINGS, BY MR GULLUNG HIMSELF AND, DURING THE WRITTEN PROCEDURE, BY J.-C . TSCHIRHART, BATONNIER OF THE MULHOUSE BAR,

THE CONSEIL DE L' ORDRE DES AVOCATS DU BARREAU DE COLMAR AND THE CONSEIL DE L' ORDRE DES AVOCATS DU BARREAU DE SAVERNE, THE DEFENDANTS IN THE MAIN PROCEEDINGS, BY F . PERRAD, BATONNIER, OF THE COLMAR BAR,

THE SYNDICAT DES AVOCATS DE FRANCE, AN INTERVENER IN THE MAIN PROCEEDINGS, BY M . WELSCHINGER OF THE COLMAR BAR,

THE CONFERENCE DES BATONNIERS, AN INTERVENER IN THE MAIN PROCEEDINGS, BY M . VEROONE, OF THE LILLE BAR,

THE CONFEDERATION SYNDICALE DES AVOCATS, AN INTERVENER IN THE MAIN PROCEEDINGS, ALSO BY M . VEROONE, OF THE LILLE BAR,

THE FEDERATION NATIONALE DES UNIONS DE JEUNES AVOCATS, AN INTERVENER IN THE MAIN PROCEEDINGS, BY F . PERRAD, BATONNIER, OF THE COLMAR BAR, AND BY R . MILCHIOR, OF THE PARIS BAR,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY BY A . DITTRICH, OBERREGIERUNGSRAT AT THE FEDERAL MINISTRY OF THE ECONOMY, ACTING AS AGENT, AND BY H.-W . NEYL, REGIERUNGSDIREKTOR AT THE FEDERAL MINISTRY OF JUSTICE, ACTING AS AGENT,

THE GOVERNMENT OF THE HELLENIC REPUBLIC, DURING THE WRITTEN PROCEDURE, BY S . E . PERRAKIS, LEGAL ADVISER AT THE MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, AND, DURING THE ORAL PROCEDURE, BY S . ZISSIMOPOULOS, ACTING AS AGENT,

THE GOVERNMENT OF THE KINGDOM OF SPAIN, DURING THE WRITTEN PROCEDURE, BY F . JAVIER CONDE DE SARO, OF THE SPANISH MINISTRY OF FOREIGN AFFAIRS, ACTING AS AGENT, AND, DURING THE ORAL PROCEDURE, BY MR GARCIA-VALDECASAS FERNANDEZ, ACTING AS AGENT,

THE UNITED KINGDOM, DURING THE WRITTEN PROCEDURE, BY H . R . L . PURSE OF THE TREASURY...