![]() (4)Ĩ By decision of 30 November 1992, the Bar Association suspended Mr Gebhard from professional practice for six months by way of penalty. to make further inquiries into the exercise of his professional activity.ħ On 30 September 1990, disciplinary proceedings were initiated against Mr Gebhard on the ground that he had practised his profession in Italy on a permanent basis whilst using the title `avvocato' and had thereby infringed the obligations laid down by Law No 31/1982 on the provision of lawyers' services. to prohibit him from using the title `avvocato' to enrol him on the ad hoc register provided for by Article 12 of Law No 31 of 9 February 1982 He is authorized to practise as a Rechtsanwalt and has been a member of the Stuttgart Bar since 3 August 1977.Ĥ As from 1978, he linked up with the Milanese professional firm of lawyers `Bergmann & Scamoni' through `professional collaboration' pursuant to Directive 77/249.ĥ In 1989, Mr Gebhard brought that collaboration to an end and opened his own chambers in Milan, where he represents clients in legal proceedings in conjunction (`di concerto') with a number of Italian `procuratori'.Ħ Accused of wrongly using the title `avvocato' he was brought before the Milan Bar Association, which decided on 4 December 1989: ![]() Reference for a preliminary ruling: Consiglio Nazionale Forense - Italy.ĭirective 77/249/EEC - Freedom to provide services - Lawyers - Possibility of opening chambers - Articles 52 and 59 of the EC Treaty.ġ Is the Italian law which prohibits lawyers established in another Member State who provide services in the territory of the Italian Republic from opening in Italy chambers or a principal or branch office (1) compatible with Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services? (2)Ģ That is, in essence, the question which has been referred by the Consiglio Nazionale Forense (3) for a preliminary ruling in proceedings the fact of which, as described by the CNF, are as follows.ģ Mr Gebhard, a German national, is a graduate in law of the University of Tuebingen. Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano. Opinion of Mr Advocate General Léger delivered on 20 June 1995. # Directive 77/249/EEC - Freedom to provide services - Lawyers - Possibility of opening chambers - Articles 52 and 59 of the EC Treaty. ![]() # Reference for a preliminary ruling: Consiglio Nazionale Forense - Italy. # Reinhard Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano.
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