The General Court of the European Union has rejected challenges to the EU prohibition on providing legal advisory services to the Russian Government and Russian entities – press release – brought by:
- T-797/22, the Brussels Bar Association and several Belgian lawyers
- T-798/22, the Paris Bar Association and one of its members
- T-828/22, the Association Avocats Ensemble (ACE).
All sought to annul Article 1(12) of Council Regulation 2022/1904 in so far as it amended Article 5n of Regulation 833/2014 to ban the provision of legal advisory services.
The Court rejected the claims. Key points in judgments:
- The prohibition does not breach the right to be advised by a lawyer in the EU Charter on Fundamental Rights because it permits legal advisory services in contentious matters and possible legal proceedings (including legal advice pre litigation), only applies to non-contentious matters with no link with legal proceedings which fall outside Article 47 of the Charter, and does not prohibit advice to individuals (natural persons).
- No breach of duty to give reasons because the recitals explain that the prohibitions serves the objective of making it more difficult for the Russian government and companies to obtain goods and services in the EU.
- The derogations from the prohibition do not breach of right to professional secrecy of lawyers in Article 7 of the Charter because the exemptions do not require lawyers to share confidential information without client consent and it is up to Members States’ competent authorities to ensure compliance with the Charter.
- No breach of Article 2 TEU rule of law protection for independence of lawyers given the limited scope of the prohibition and that limitations might be imposed on the role of lawyers if justified by the EU’s objectives in the general interest.
- The prohibition did not infringe the principle of proportionality given its limits and exceptions.