Klohn v An Bord Pleanala & Anor [2019] IESC 66 (31 July 2019)

Klohn v An Bord Pleanala & Anor [2019] IESC 66 (31 July 2019)

The Supreme Court determined that the answer to whether Ireland may impose an 'in conjunction with' requirement on a visiting EU lawyer in circumstances where self-representation is permitted is not clear under EU law, and thus a reference to the CJEU is necessary under Article 267 TFEU.

Citation
[2019] IESC 66
Parties
Appellant: Volkmar Klohn; Respondent: An Bord Pleanala; Notice Party: The General Council of the Bar of Ireland; Notice Party: The Law Society of Ireland; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
31 July 2019
Procedural Posture
Judicial Review / Supreme Court Post CJEU Reference, Pre Final Disposition
Outcome
Referral to the Court of Justice of the EU (CJEU) for a preliminary ruling under Article 267 TFEU.
Legal Topics
Rights of Audience, Freedom to Provide Services, Transposition of EU Directives, Legal Representation by Foreign Lawyers, Interpretation of Lawyers' Services Directive
European Union Law Legal Profession Regulation Administrative Law Rights of Audience Freedom to Provide Services Transposition of EU Directives Legal Representation by Foreign Lawyers Interpretation of Lawyers' Services Directive

Case Brief

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Parties

Volkmar Klohn

Appellant

An Bord Pleanala

Respondent

The General Council of the Bar of Ireland

Notice Party

The Law Society of Ireland

Notice Party

Attorney General

Notice Party

Procedural Posture

Judicial Review / Supreme Court Post CJEU Reference, Pre Final Disposition

Legal Issues

  1. 1 Whether a non-Irish EU lawyer (Rechtsanwalt) may exercise rights of audience in Irish courts without practicing 'in conjunction with' an Irish-qualified lawyer where self-representation is permitted
  2. 2 Proper interpretation of the 'in conjunction with' requirement under the Lawyers' Services Directive and its Irish transposition

Ratio Decidendi

The Supreme Court determined that the answer to whether Ireland may impose an 'in conjunction with' requirement on a visiting EU lawyer in circumstances where self-representation is permitted is not clear under EU law, and thus a reference to the CJEU is necessary under Article 267 TFEU.

Court Disposition

Referral to the Court of Justice of the EU (CJEU) for a preliminary ruling under Article 267 TFEU.

Orders

  • Draft order of reference to be circulated to parties for observations.
  • Parties to submit written observations by specified date.