The European Commission announced on Wednesday that it has decided, under Article 228 of the EC Treaty, to send a letter of formal notice asking Luxembourg for full information on its implementation of an European Court of Justice judgment relating to the establishment of lawyers.
The Commission has decided to send Luxembourg the letter of formal notice for its failure to comply with the judgment of the Court of Justice of the EC of 19 September 2006. According to the EC, Luxembourg has not taken the steps necessary to bring its legislation on the establishment of lawyers into line with the Community rules.
In its judgment, the Court considered that the prior examination of language knowledge for lawyers wishing to carry on their profession under their original professional title, the ban on providing company domicile and the obligation to produce each year a certificate of registration in the Member State of origin conflicted with Directive 98/5/EC on the establishment of lawyers.
Unless it takes steps to bring its national laws into full compliance with European legislation on this matter, the Court may penalise Luxembourg.
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