![]() The Committee of Representatives may adopt regulations in the interests of the proper practice of the profession, including regulations concerning provision for lawyers on account of old age or total or partial incapacity for work, and provision for the next-of-kin of deceased lawyers. Article 28(1) of the Advocatenwet provides: ![]() They shall defend the rights and interests of lawyers as such, ensure that the obligations of the latter are fulfilled and discharge the duties imposed on them by regulation.ġ0. According to Article 26 of the Advocatenwet, the General Council and the Supervisory Boards shall ensure the proper practice of the profession and have the power to adopt any measures which may contribute to that end. The members of the General Council are elected by the committee of representatives, who are themselves elected at meetings of the various district associations.ĩ. The governing bodies of the Association and the district associations are the Algemene Raad (General Council) and the Raden van Toezicht (Supervisory Boards) respectively. In addition, all lawyers registered with the same court form the Bar association for the district concerned.Ĩ. In accordance with the Advocatenwet, the Association is composed of all lawyers registered in the Netherlands. Pursuant to that provision, the Netherlands authorities adopted the Law of 23 June 1952 establishing the Nederlandse Orde van Advocaten (Netherlands Bar Association, the Association) and laying down the internal operating regulations and the disciplinary rules applicable to advocaten and procureurs (the Advocatenwet, the law on the legal profession).ħ. Their decisions may be annulled only where they are contrary to law or to public interest.Ħ. (3) Supervision of the governing bodies shall be governed by statute. Powers to adopt regulations may be granted to the governing bodies by or under statute. (2) The duties and organisation of such public bodies, the composition and powers of the governing bodies and public access to their meetings shall be governed by statute. (1) Public professional bodies and other public bodies may be established and dissolved by or under statute. Article 134 of the Constitution of the Kingdom of the Netherlands deals with the establishment of, and legal rules governing, public bodies. (3) This Opinion relates to the request from the Nederlandse Raad van State in Case C-309/99 Wouters and Others.ĥ. Although the three cases raise the same issues, the differences distinguishing their legal and factual backgrounds lead me to present a different Opinion. ![]() Those Italian courts are called upon to determine whether the professional tariff scales for services provided by lawyers and architects in their country are compatible with the Community rules on competition.Ĥ. This case has much in common with two other references for a preliminary ruling referred by the Pretore di Pinerolo (Magistrate, Pinero) (Italy) in Case C-35/99 Arduino and by the Giudice di Pace di Genova (Italy) in Case C-221/99 Conte. It is for the Court to decide whether the Treaty provisions on competition are applicable and, if necessary, whether they preclude such a prohibition of cooperation.ģ. The regulation in issue prohibits lawyers practising in the Netherlands from entering into multi-disciplinary partnerships with members of the professional category of accountants. A dispute has been brought before the Nederlandse Raad van State (Netherlands Council of State) concerning the legality of a regulation adopted by the Netherlands Bar Association. This reference for a preliminary ruling raises the difficult question of the application of Community competition law to the professions.
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