An interim ruling by the European Court of Justice (ECJ) in the Akzo Nobel privilege case has called into question whether privilege may attach to documents that have already been given just a cursory reading by the European Commission.


The ECJ ruled that memos relating to legal advice need not be held in a sealed envelope by the commission, as they have already been read.



Christof Swaak, Brussels-based head of EU and competition at City firm Herbert Smith's alliance partner Stibbe, said: 'The order has important implications for the way in which companies should act during dawn raids if there is a dispute over privilege... [It] recognises in cautious words that the mere reading by the commission of the documents concerned may be capable of affecting professional privilege.'



The substantive privilege issues will be covered in the main proceedings.