The Gazette 1988

GAZETTE

DECEMBER 1988

the question of double nationality. It is not clear from the Report of the case whether this aspect was part of the reference or if the Court (including the Advocate General) took it upon itself to consider the matter. The problem raised by double nationality was whether a national of t wo Member States, who had been admitted as a Member of the legal profession in one of those States, might rely on the provisions of the Directive on the territory of the other Member State. The free movement of persons, the freedom of establishment and the freedom to provide services, which were fundamental to the Community system, would not be fully realised if a Member State might refuse the benefit of the provisions of Community law to those of its nationals who, while established in another Member State whose nationality they also held, made use of the facilities granted by Community Law in order to exercise their activities in the territory of the first State. The thrust of the Court's ruling in Gullung is that lawyers of one

Community country can provide legal services in another Member State once the provisions of the Directive are complied with, and may establish themselves subject to registration at the Bar of the host State. In relation to the right of estab- lishment under Article 52 of the Treaty it may well be that the Court will be called upon in future to clarify the exact extent of this f r e e d om w i t h r e f e r ence to particular facts. (B) C O M M I S S I ON OF T HE EUROPEAN C OMMU N I T I ES -v- F E D E R AL R E P U B L IC OF GERMANY, J u d gme n t 2 5 t h February, 1988. This matter (hereinafter referred to as the German case) a r o se o u t of p r o c eed i ngs b r ought by t he European Commission against the Federal Republic of Germany under Article 169 of the Treaty. Su b s t a n ce of Case The Commission sought a declara- tion that the Federal Republic of Germany had failed in regard to the

exercise by lawyers of freedom to provide services to fulfil its obliga- tions under the Treaty and under the Directive to facilitate the effective exercise by lawyers of freedom to provide such services. The Commission directed its complaints against the manner in which Germany had given effect to Article 5 of the Directive as regards the du ty of " c o - o p e r a t i o n" imposed on a lawyer from another Member S t a te w ho pu r sued activities in Germany by way of provision of legal services. There were three separate matters at issue: (1) Extent of the co-operation w i th the German lawyer, (2) Detailed rules of co-operation, and (3) Territorial limits on represen- tation. (1) Ex t ent of Co - ope r a t i on w i t h Ge r man l awye r s: According to the 1980 German legislation purporting to transpose the Directive, the obligation to work w i t h a lawyer established in

WHERE THERE'S A WILL THIS IS THE WAY... When a client makes a will in favour of the Society, it would be appreciated if the bequest were stated in the following words: Pounds to the Irish Cancer Society Limited to be applied by it for any of the charitable objects of the Society, as it, the Society, at its absolute discretion, may decide." All monies received by the Society are expended within the Republic of Ireland. "Conquer Cancer Campaign" is a Registered Business Name and is used by the Society for some fund raising purposes. The "Cancer "I devise and bequeath the sum of

0 ^^tlimutn

Provide Professional and comprehensive service in all aspects of Law Searching to the Legal Profession

Fully Indemnified

under the

Personal Supervision

of

Joseph

T. Men ton

SOCIETY 5 N o r t h u m b e r l a nd R o ad D u b l in 4 I r e l a nu Te!: 6 8 1 8 5 5 IRISH CANCER

Research Advancement Board" allocates all Research Grants

A Fellow of the Irish Institute

of Legal

Executives

on behalf of the Society.

Established

1978

1 9 / 2 0 F l eet S t r e e t , D u b l i n 2 . Telephone: 774866/777571 Fax: 777866

261