The EU Court of Justice confirms that communications with an in-house lawyer are not legally privileged (Akzo Nobel)

1. Following approximately seven years of extended litigation, discussed in previous issues of Concurrences [1] the last phase of the Akzo litigation relating to the personal scope of legal professional privilege ("LPP") has finally come to an end with the European Court of Justice's ("ECJ") seminal judgment handed down on 14 September 2010 [2]. Largely in agreement with the Advocate General's («AG») reasoning, the ECJ confirmed that legal professional privilege should not be recognized between in-house lawyers and their employers in the EU. Therefore, a document which would benefit from legal privilege under Dutch Law because it was produced by an in-house lawyer (called to the Dutch Bar and subject to the same ethics rules as self-employed lawyers) for his employer, is subject to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Rein Wesseling, Miranda de Savorgnani, The EU Court of Justice confirms that communications with an in-house lawyer are not legally privileged (Akzo Nobel), 14 September 2010, e-Competitions September 2010, Art. N° 34843

Visites 566

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues