Ordre des avocats au Barreau de Paris v Onno Klopp.

• Jurisdiction: European Union
• Celex Number: 61983CJ0107
• ECLI: ECLI:EU:C:1984:270
• Date: 12 July 1984
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 107/83

Judgment of the Court of 12 July 1984. - Ordre des avocats au Barreau de Paris v Onno Klopp. - Reference for a preliminary ruling: Cour de cassation - France. - Freedom of establishment - Access to the legal profession. - Case 107/83.

European Court reports 1984 Page 02971
Spanish special edition Page 00687
Swedish special edition Page 00653
Finnish special edition Page 00635

Summary Parties Subject of the case Grounds Decision on costs Operative part

Keywords

1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ARTICLE 52 OF THE TREATY - DIRECT EFFECT - FAILURE TO ADOPT DIRECTIVES - NO EFFECT

( EEC TREATY , ARTS 52 , 54 AND 57 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - SEVERAL PLACES OF WORK WITHIN THE COMMUNITY - LIBERAL PROFESSIONS

( EEC TREATY , ART . 52 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ADVOCATES - ACCESS TO THE PROFESSION - ENROLMENT REFUSED BECAUSE OF MAINTENANCE OF CHAMBERS IN ANOTHER MEMBER STATE - INCOMPATIBILIY WITH THE TREATY

( EEC TREATY , ART . 52 ET SEQ .)

Summary

1 . IN LAYING DOWN THAT FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT THE FULFILMENT OF WHICH MUST BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMENTATION OF A PROGRAMME OF PROGRESSIVE MEASURES . CONSEQUENTLY THE FACT THAT THE COUNCIL HAS FAILED TO ISSUE THE DIRECTIVES PROVIDED FOR BY ARTICLES 54 AND 57 CANNOT SERVE TO JUSTIFY FAILURE TO MEET THE OBLIGATION .

2 . THE RULE IN ARTICLE 52 OF THE TREATY , ACCORDING TO WHICH THE PROGRESSIVE ABOLITION OF THE RESTRICTIONS ON FREEDOM OF ESTABLISHMENT APPLIES TO RESTRICTIONS ON THE SETTING UP OF AGENCIES , BRANCHES OR SUBSIDIARIES BY NATIONALS OF ANY MEMBER STATE ESTABLISHED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST BE REGARDED AS A SPECIFIC STATEMENT OF A GENERAL PRINCIPLE , APPLICABLE EQUALLY TO THE LIBERAL PROFESSIONS , ACCORDING TO WHICH THE RIGHT OF ESTABLISHMENT INCLUDES FREEDOM TO SET UP AND MAINTAIN , SUBJECT TO OBSERVANCE OF THE PROFESSIONAL RULES OF CONDUCT , MORE THAN ONE PLACE OF WORK WITHIN THE COMMUNITY .

3 . EVEN IN THE ABSENCE OF ANY DIRECTIVE COORDINATING NATIONAL PROVISIONS GOVERNING ACCESS TO AND THE EXERCISE OF THE LEGAL PROFESSION , ARTICLE 52 ET SEQ . OF THE EEC TREATY PREVENT THE COMPETENT AUTHORITIES OF A MEMBER STATE FROM DENYING , ON THE BASIS OF THE NATIONAL LEGISLATION AND THE RULES OF PROFESSIONAL CONDUCT WHICH ARE IN FORCE IN THAT STATE , TO A NATIONAL OF ANOTHER MEMBER STATE THE RIGHT TO ENTER AND TO EXERCISE THE LEGAL PROFESSION SOLELY ON THE GROUND THAT HE MAINTAINS CHAMBERS SIMULTANEOUSLY IN ANOTHER MEMBER STATE .

Parties

IN CASE 107/83

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE FRENCH COUR DE CASSATION ( COURT OF CASSATION ) FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

ORDRE DES AVOCATS AU BARREAU DE PARIS ( THE PARIS BAR ASSOCATION )

AND

ONNO KLOPP , OF THE DUSSELDORF BAR ,

Subject of the case

ON THE INTERPRETATION OF ARTICLE 52 ET SEQ . OF THE EEC TREATY ,

Grounds

1 BY A JUDGMENT OF 3 MAY 1983 WHICH WAS RECEIVED AT THE COURT ON 6 JUNE 1983 , THE FRENCH COUR DE CASSATION ( COURT OF CASSATION ) REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION AS TO THE INTERPRETATION OF ARTICLE 52 ET SEQ . OF THE EEC TREATY IN RELATION TO ACCESS TO THE LEGAL PROFESSION .

2 THE QUESTION WAS RAISED IN PROCEEDINGS BETWEEN THE ORDRE DES AVOCATS AU BARREAU DE PARIS ( THE PARIS BAR ASSOCIATION ) AND MR KLOPP , A GERMAN NATIONAL AND A MEMBER OF THE DUSSELDORF BAR . MR KLOPP HAD APPLIED TO TAKE THE OATH AS AN AVOCAT AND TO BE REGISTERED FOR THE PERIOD OF PRACTICAL TRAINING AT THE PARIS BAR WHILST REMAINING A MEMBER OF THE DUSSELDORF BAR AND RETAINING HIS...