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Supreme Court determines that it is necessary to refer to the Court of Justice of the European Union a question of whether, under EU law, Ireland was entitled to impose a requirement that a 'visiting lawyer', who was qualified in Germany, should act 'in conjunction with' a local lawyer in representing a client in an appeal concerning costs of a planning judicial review.
Relief sought in action: Judicial review of decision of An Bord Pleanala.
Application before the court: Leave for applicant to be represented by German lawyer in appeal concerning costs of proceedings.
Outcome: Reference to CJEU on question of whether 'visiting lawyer' was required to act 'in conjunction with' a local lawyer.
Grounds: Previous CJEU case law was unclear.
Clarke CJ (nem diss): Legal profession - rights of audience - European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979 - Practice Direction SC11 – European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 2004 - Article 1(1) of the Lawyers’ Services Directive - "visiting lawyer" - establishment of qualifications - lawyer no longer entitled to practice in Ireland - requirement that visiting lawyer provide reasonable assurance that she was qualified to practice law in home member state - whether visiting lawyer required to act "in conjunction with" a local lawyer - whether EU law prohibited any such requirement - whether necessary to refer question to CJEU.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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