The ECJ Advocate General Kokott advises against the extension of legal professional privilege to in-house lawyers (Akzo Nobel)

On 29 April 2010, Advocate General Juliane Kokott handed down her opinion in an appeal before the Court of Justice by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd. The appeal had been brought against a judgment of the Court of First Instance (now the General Court) of 17 September 2007 in which the General Court dismissed an action seeking the annulment of a European Commission decision of 2003 and rejected a request for legal professional privilege for certain documents seized in the course of a surprise inspection in a cartel investigation. In her opinion, Advocate General Kokott agreed with the Commission and the General Court that, in cartel investigations by the European Commission, legal professional privilege does not apply to communications with in-house lawyers. In

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  • Van Bael & Bellis (Brussels)

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Martin Favart, The ECJ Advocate General Kokott advises against the extension of legal professional privilege to in-house lawyers (Akzo Nobel), 29 April 2010, e-Competitions Bulletin April 2010, Art. N° 41554

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