Case set against Ireland and France for not enacting EU Establishment Directive

France and Ireland - the only two countries in Europe that failed to implement or demonstrate that they want to implement the EU Rights of Establishment Directive for lawyers - will now face legal action.In August this year, together with Spain, they were referred to the European Court of Justice, after their failure earlier in the year to explain how they would implement the directive.Spain has satisfied the commission of its willingness to implement the directive, having given concrete indications that measures to implement are under way.The directive - implemented in the UK last year - entitles lawyers to practise permanently and without restriction under their home professional title, in another member state, on the same basis as that country's own lawyers.

The directive also makes it easier to requalify.Cases will now be prepared against France and Ireland, although no court dates have yet been set.The French are now making moves to push matters forward, and to put some form of legislation before the French Assembly.

The Irish case remains outstanding.Notices were sent out by the commission in February this year asking member states to indicate how they would comply with the directive.In addition to Spain, France and Ireland, notices were sent by the commission in February to Belgium, Italy, Luxemburg, the Netherlands and Portugal.

Those countries were also asked how they would implement the directive, but none was referred by the Commission to the European Court.James Bridges, acting head of the Law Society's EU and WTO office in Brussels, said: 'We're pleased that Spain has made progress and that 13 of the 15 member states have implemented the establishment directive or made concrete moves towards doing so.

We now look forward to the other two doing the same.'Jeremy Fleming