''Wouters v Algemene Raad van de Nederlandse Orde van Advocaten'' (2002
C-309/99is an important decision of the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European U ...
concerning competition law and the freedom of establishment. In both of these areas, the ECJ held that restrictions could be justified on the grounds of legitimate
public policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public ...
, in this case ensuring the impartiality of the
legal profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education.
It is difficult to ...
, if the measures taken were both necessary and proportionate (and in the case of restrictions on competition, purely ancillary) to that objective.
Facts
The Dutch bar prevented lawyers from entering a partnership with non-lawyers, including accountants. It was argued that these rules could limit production and technical development contrary to article 81(1)(b).
Judgment
The European Court of Justice held that rules would fall outside article 81(1) if they could ‘reasonably be considered to be necessary in order to ensure the proper practice of the legal profession as it is organised.’ Non-competition objectives are there ‘in order to ensure that the ultimate consumers of legal services and the sound administration of justice are provided with the necessary guarantees in relation to integrity and experience...’
See also
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EU competition law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not crea ...
Notes
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References
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European Union competition case law
2002 in case law
2002 in the European Union