Italy fails to offer practising rights, says European court

The European Court of Justice last week held that Italy had failed to fulfil its obligations under the Rights of Establishment Directive and articles protecting the freedom of supply of service in the EU.Italian legislation prohibits lawyers from another member state who are providing a service in Italy from opening legal offices there, and obliges foreign lawyers to reside in the jurisdiction of the local Italian law society or bar association with which they are registered.Italy was found to have failed to fulfil obligations under articles 52 and 59 of the Treaty of Rome, and directive 89/48, and was ordered by the European Commission to bear its own costs.

Jeremy Fleming