The Gazette 1985

APRIL 1985

GAZETTE

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.

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. • 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 ] 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. (to be continued) ECR 911. Garland-v- British Rait Engineering Ltd (Case 12/81) [1982] ECR

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

* This article is a revised and updated version of a lecture

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