The Gazette 1967/71

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