358 / 736
but the shareholders could bring an action against
a managing director for usurping his rights, after
his period of appointment had lapsed.
On Saturday morning the 16th November, the
first paper was given in French by Maitre Augol
and dealt with the problems of taxation of French
companies-
The final and most interesting paper was given
by Maitre Pettiti on " The Right of Estalishment
of Lawyers of Candidate Countries before the
Court of the European Community and in the Six
Countries of the Community." The lecturer re
called that, under Article 52 of the Treaty of
Rome, restrictions on the right of establishment
of a member State in the territory of another mem
ber State, were to be progressively abolished and
that any fresh discrimination was prohibted under
Article 53. There are however two theses which
are contradictory with rgard to Article 55, which
excluded from the right of establishment any acti-
ties which in any State include the exercise of
public authority.
1. Article 55 applies to all legal functionaries
serving a Court—Judges, Barristers and
Solicitors.
2. Article 55 does not apply to any legal
authorities exercising
their constitutional
functions.
The restrictive thesis, favoured by German,
Belgian and Luxemburg lawyers, states that law
yers of other member countries may only consult
with their colleagues in other countries, but can
only plead in their national courts. The liberal
thesis, sustained by French, Italian and Dutch
lawyers, would confer upon lawyers of other mem
ber countries full rights of pleading and audience
in any Court of a member country. As regards
the Court of the European Community in Luxem
bourg, from 1970 onwards it will have full power
to lay down rules as to the rights of consultation,
pleadings and audience of lawyers of member
countries before the Court. It is thus clear that at
present the full right of establishment has as yet
not been determined.
With reference to a proposed Directive of the
E.E.C. Commission issued in June 1969 regarding
the right of establishment, it is to be noted that
Article 2 stresses that the classification is to be
effected by categories- This apparently means that
a lawyer may exercise all oral activities—which
would seem to be wider than to submit and defend
pleadings. Even if the restrictive meaning of acti
vities to include only consultation is adopted, this
would seem to include arbitration—as well as all
legal activities necessary to bring a case to trial.
In France, the advocate submits oral pleadings to
the Court, whereas in Italy all documentary evid
ence submitted in writing; these differences will
necessarily lead to wide interpretations. Article 6
of the Directive postulates that the advocate has
received a proper mandate to act on his behalf
from his client. It expresses the view that the client
requires the assistance of an advocate to appear
before the Court.
It is essential in the future to regulate a proper
procedure for the execution of foreign judgments
and in this respect the European Court at Luxem
bourg has adopted very simple rules.
Mr. Horsfall Turner, Secretary-General of the
English Law Society, mentioned the agreement
of 1962 between the Law Society and the Bar
Council, but stressed that the matter had not been
reviewed since.
According to Article 17 of the Protocol of the
European Court of Justice, it was usual for the
Court to receive only written documents. If English
lawyers were to be admitted to plead before the
Court, it would we necessary to endeavour to
amend Article 17, in order to allow oral pleadings
in the future. In 1962, the Law Society had
acquiesced in the Bar Council's contention that
only barristers should have a right to an oral
hearing before European Courts, although solici
tors would have an equal rigiht to submit all
preliminary written documents. Mr. Moore men
tioned the speech of the Minnister for Justice in
Galway, and suggested
that it might portend
eventual changes in Ireland in the future.
At noon, Monsieur Poher, President of the
Senate, kindly received the guests at a champagne
reception -This was followed by a trip on a
bateau
Mouche
on the River Seine. The last official
function was a reception given us in the later
afternoon in his magnificent Paris flat by Mon
sieur Lemaire, President of the Paris Bar Council.
IRISH SOCIETY FOR LABOUR LAW
AND SOCIAL LEGISLATION
The President, Mr. McCarron, attended a
lecture under the auspices of the Irish Society for
Labour Law and Legislation by Mr. I. K. Sams,
Lecturer in Economics, Queen's University, Bel
fast, on " Prices and Incomes Policies" held in
the Clarence Hotel, Dublin, on 7th December
1969. Mr. Brendan A. McGrath presided..
EUROPEAN COMMISSION REPORT
ON GREECE
The Greek Military Regime has been charged,
since September 1967, by the Governments of
Sweden, Denmark, Norway and the Netherlands
75