2008-07-25 Schultze & Braun
Schultze & Braun wins landmark case against the Ordre des Avocats de Strasbourg

The Cour de Cassation, France’s highest court, has spent several years deliberating a case between German law firm Schultze & Braun and the Ordre des Avocats de Strasbourg (Legal Association of Strasbourg). Schultze & Braun’s Strasbourg office had been prevented from entering the Association’s Legal Registry, principally because their head office was not in France.

The ruling would either have allowed regional Legal Associations in France to protect their marketplaces from foreign firms, or rendered their protectionism illegal. In July, the court ruled in favour of Schultze & Braun, who shall now be entered into the Legal Registry in Strasbourg.

Schultze & Braun’s winning argument was underpinned by the assertion that the Legal Association’s refusal to register their practice was contrary to European Law. The court concurred, deciding that a company, legal firm or otherwise, should be regarded in the same way as an individual from a Member State for purposes of freedom of establishment, providing
it is founded in accordance with the legislation of a European Member State with its head office based within the European Community. As long as the firm fulfils the legal conditions regarding management, control, and the holding of capital, any law firm can be entered on the register of a regional French Legal Association.

Now foreign firms, both of barristers and lawyers, can be entered into their respective legal registries, enabling them to practise with the same freedoms as their French counterparts. The fact that Schultze & Braun GmbH, founded as a German company, can now practice in France via a branch office without any barriers to their entry, proves that law firms set up as
legal entities by non-French regulations are able to practice freely in France.

Ellen Delzant, lawyer and barrister

For further information please contact our spokesperson:
Mail: Presse@schubra.de, Phone: +49 (0) 7841/708-0

Additional information:
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Schultze & Braun GmbH Rechtsanwaltsgesellschaft
http://www.schubra.de, Email: mail@schubra.de