86 / 406
GAZETTE
APRIL 1985
Finally, the free movement of lawyers was further
interpreted in a recent ruling, the
Klopp Case
n
on a
reference from the French Court of Cassation. The
question arose in proceedings between the Paris Bar and
Mr. Klopp, a German lawyer of the Dusseldorf Bar. He
had applied to take the oath as an avocat and to be
registered for the period of practical training at the Paris
Bar, whilst retaining his residence and his chambers in
Dusseldorf. The Paris Bar Council rejected his applica-
tion on the ground that although he satisfied other
requirements he did not meet the internal rules of the
Paris Bar, by virtue of which an avocat may establish his
chambers only in the geographical area where he is
registered. The French Court of Cassation considered it
necessary to refer the matter to the Court of Justice under
Article 177. That Court alluded to the earlier judgment in
Reyners Case
13
where it had held that Article 52 was a
directly applicable provision of Community law, and it
concluded that even in the absence of a full directive on
establishment Article 52
et seq
of the Treaty would
prevent a Member State from denying the right of a
national of another Member State to enter and to qualify
for and practise at the Bar solely on the ground that he
simultaneously maintained chambers in another Member
State.
Another area of establishment, and one which raises
very sensitive issues in Ireland, concerns the right of EEC
nationals to acquire agricultural land. This and some
other areas where practical problems can arise will be
considered in Part III.
•
(to be continued)
Footnotes
1. See further — John Temple Lang "European Community Law, Irish
Law and the Irish Legal Profession — Protection of the Individual
and Co-operation between Member States and the Community".
(1981) DULJ I.
2. Case 43/75, [1976] ECR 454.
3. See generally:
Deirdre Curtin: "The European Community Right to Sex Equality
and its Implementation in Irish Labour Law." (1983) D.U.L.J. 42
Derrick Wyatt: "The Direct Effect of Community Social Law — Not
Forgetting Directives" (1983) European Law Rev. 241.
Thompson & Wooldridge: "Equal Pay, Sex Discrimination and
European Community Law" (1980) 2 Legal Issues of European
Integration 1.
Henry Post: "New Decisions of the European Court on Sex
Discrimination" (1981) 1 Legal Issues of European Integration 77.
John Forman: "The Equal Pay Principle under Community Law —
A Commentary on Article 119 EEC" (1982) 1 Legal Issues of
European Integration 17.
4.
McCarthys
Ltd. -v- Wendy Smith
(Case 129/79) [1980] ECR 1288.
Humphreys
-v-
Lloyds Bank Ltd.
(Case 69/80) [1981] ECR 767.
Jenkins
-v-
Kingsgate (Clothing Productions) Ltd.
(Case 96/80) [ 1981 ]
ECR 911.
Garland-v-
British Rait Engineering Ltd
(Case 12/81) [1982] ECR
359.
Burton
-v-
British Railways Board
(Case 19/81) [1982] ECR 555.
5.
Ursula Becker -v- Finanzamt Munster-lnnenstadt
(Case 8/81) [1982]
ECR 53.
6.
Pubblico Ministero -v- Tullio Ratti
(Case 148/71) [1979] ECR 1629.
7.
State (McDermott)
-v-
Min. for Social Welfare & A.G.
1985. 67 S.S.
State (Cotter)
-v-
Min. for Social Welfare & A.G.
1985. 68 S.S.
8. Case 41/74, [1974] ECR 1337.
9. Case 246/80 [ 1981 ] ECR 2311.
10. Case 271/82 [1983] ECR 2727.
11. Case 5/83 [1983] ECR 4233.
12. Case 107/83, Judgment of 12 July, 1984 [1985] 1 CMLR 99.
13. Case 2/74, [1974] ECR 648.
* This article is a revised and updated version of a lecture
given by the author at an SYS Seminar in the Ardee Hotel,
Waterford in March 1982, and is being published here with
the kind permission of the Society of Young Solicitors. The
article will appear in six parts.
Young Lawyers International
Association
A I J A
The Annual Congress for the Year 1985
will take place
at Lisbon
on
24th-28th September
The topics for discussion are as follows:—
1. Legal Protection of Software.
2. The removal of minors from one jurisdiction
to another.
3. The legal status of company directors, their
civil and criminal responsibilities.
4. Free movement of goods within the EEC.
Anyone interested please contact:
Michael Irvine,
Matheson Ormsby & Prentice,
20 Upper Merrion Street,
Dublin 2.
Tel: 760981
Telex: 24333
U.S.A. Referrals and
Assignments Welcomed
LICENSED IN CONNECTICUT, FLORIDA AND NEW YORK
Editor and Co-Author
Connecticut Real Property Law.
RICHARD E. BURKE
P.O. Box 1567, New Canaan. CT 06840 USA
Telephone (203) 972-0000
Telex 230199 SWIFT UR ATT RCH
75