Law on the Activities of European Lawyers in Germany (EuRAG)

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EuRAG

Date of completion: 09.03.2000

Full quote:

" The Act on the Activities of European Lawyers in Germany of 9 March 2000 (BGBl. 182, 1349), most recently by Article 3 of the Law of 17 June 2013 (BGBl). I p. 1555; 2013 II 680).

Status:

Last amended by Art. 3 G v. 17.6.2013 I 1555; 2013 II 680

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 14.  3.2000 + + +) 
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 ERL 5/98 (CELEX Nr: 31998L0005) 
 EWGRL 48/89 (CELEX Nr: 31989L0048) 
 EWGRL 249/77 (CELEX Nr: 31977L0249) + + +) 

  

The G was decided as Article 1 of the G 303-17-1/1 of 9.3.2000 I 182 by the Bundestag with the consent of the Bundesrat. It's gem. Article 10 (2) sentence 1 iVm (1) of this G mWv 14.3.2000 entered into force.
This law implements the following guidelines:
In Article 1, Articles 1, 2 to 15, 36 to 42 of Directive 98 /5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate the continuous exercise of the profession of lawyer in a Member State other than that in which the qualification is (OJ L 327, EC No 36); in Article 1 (1), 16 to 24, 36, 40 of Directive 89 /48/EEC of the Council of the European Communities of 21 December 1988 on a general system for the recognition of higher education diplomas, which provides for at least three years Completing vocational training (OJ C 327 EC 1989 No 16); in Article 1, sections 1, 25 to 35, 40, 42 of Council Directive 77 /249/EEC of 22 March 1977 to facilitate the effective exercise of the freedom to provide services of lawyers (OJ L 378, 27.3.1977, p. EC No L 78 p. 17). Unofficial table of contents

Content Summary

Part 1
	General provisions
		§ 1		Personal scope
Part 2
	Professional practice as a registered European lawyer
		Section 1
			General requirements
		§ 2		Site
		§ 3		Application
		§ 4		Procedure
		Section 2
			Professional rights and obligations
		§ 5		Professional title
		§ 6		Professional position
		§ 7		Professional indemnity insurance
		§ 8		Societyin the State of origin
		Section 3
			Legal proceedings, deliveries
		§ 9		Participation obligations, legal hearing
		§ 10		Deliveries
Part 3
	Inclusion
		Section 1
			Admission to the legal profession after three years of activity
		§ 11		Requirements
		§ 12		Evidence of activity
		Section 2
			Admission in the case of shorter work in German law
		§ 13		Requirements
		§ 14		Evidence
		§ 15		Conversation
Part 4
	Aptitude Check
		§ 16		Aptitude Check
		§ 17		Purpose of the aptitude test
		§ 18		Audit Office
		§ 19		Approval for examination
		§ 20		Examination subjects
		Section 21		Audit services
		Section 22		Audit Decision
		Section 23		Objections
		§ 24		Replay of the Review
Part 5
	Temporary service
		Section 25		Temporary activity
		Section 26		Professional title, proof of legal status
		§ 27		Rights and obligations
		§ 28		Representation and defence in the area of justice
		§ 29		Proof of acceptance, revocation
		§ 30		Special features in defence
		Section 31		Orders in official and judicial proceedings
		Section 32		Supervision, competent attorney's chamber
		§ 33		Attorney's jurisdiction, deliveries
		Section 34		Lawyers ' court order of Plfichtviolations, provisional legal proceedings
		§ 34a		Participation obligations
Part 6
	Legal action in administrative law matters and general rules governing the administrative procedure
		§ 35		Legal action in administrative law matters
		§ 36		Certificates of the Member State of origin or the State of origin
		Section 37		Cooperation with the competent authorities in other countries
		§ 38		Transfer of personal information about lawyers admitted to Germany
		Section 38a		Statistics
		§ 39		Fees and expenses
Part 7
	Authorisations, delegation of powers
		§ 40		Appropriations
		Section 41		Delegation of powers
Part 8
	Transitional and final provisions
		§ 42		Application of the provisions of the Criminal Code
		Section 43		Transitional arrangements
		Annex to § 1

Part 1
General provisions

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§ 1 Personal scope

This law lays down rules for natural persons who are entitled to act independently as a lawyer under one of the professional designations referred to in the Annex to this provision (European lawyers), the profession of profession and the Admission to the legal profession in Germany.

Part 2
Professional practice as a registered European lawyer

Section 1
General requirements

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§ 2 Office

(1) Anyone who has been admitted as a European attorney at the request of the lawyer's chamber responsible for the place of his establishment is entitled to work in Germany under the professional title of the country of origin. (2) The admission to the Chamber of Lawyers requires that the applicant should be registered with the competent authority of the State of origin as a European Lawyer is registered. Unofficial table of contents

§ 3 Application

(1) The Legal Chamber decides on the application for admission to the Bar Association. (2) The application is a certificate issued by the competent authority in the country of origin concerning the membership of the European lawyer for this profession. shall be attached. The Chamber of Lawyers may request that this certificate be not older than three months at the time of submission. (3) (omitted) Unofficial table of contents

§ 4 Procedure

(1) The second part of the Bundesrechtsanwaltsordnung applies to the decision on the application as well as the withdrawal and revocation of the admission to the Bar Association with the exception of § § 4, 5, 6 (1) and § 12 (4). (2) The admission The Bar is also to be revoked if the right to practise the profession in the country of origin is permanently withdrawn. If the right to practise the profession in the country of origin is temporarily or temporarily withdrawn, the admission to the Bar can be revoked. (3) The Bar Association shall place the competent body of the State of origin on the admission of the admission to the Bar. in the Chamber of Lawyers, as well as the withdrawal and revocation of the admission, in order to enable it to carry out the profession of supervision.

Section 2
Professional rights and obligations

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§ 5 Professional title

(1) The established European lawyer shall be entitled to use the professional title which he or she is entitled to carry out in the country of origin under the law applicable there. Those who are entitled to the professional title of "lawyer" must also indicate the professional organisation which he/she belongs to in the country of origin. (2) The established European lawyer shall be entitled to do so in the course of professional transport to use the term "member of the Bar Association". The term "European lawyer" may not be used as a professional title and in advertising. (3) With the revocation of admission to the Bar Association (§ 4), the registered European lawyer may be entitled to the professional title, that he or she is entitled to lead in the country of origin under the law applicable there, shall no longer be used in Germany. Unofficial table of contents

§ 6 Professional position

(1) The provisions of the third, fourth, sixth, seventh, ninth to eleventh and thirteenth parts of the federal legal system shall apply to the legal status after admission to the Bar Association. (2) The established European Attorney has to submit to the Bar Association a certificate issued by the competent authority in the home state concerning his membership of the profession annually. (3) Prohibition of representation pursuant to § 114 (1) no. 4 as well as in accordance with § § 150 and 161a of the The federal legal system of law is to be pronounced for the federal territory. The prohibition to obtain foreign legal affairs in Germany is replaced by the place of exclusion from the legal profession pursuant to Section 114 (1) No. 5 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung); with the legal force of this decision, the convicted person loses (4) The established European lawyer shall cease to practise his profession in Germany if he/she is authorized by the competent authority of the Member State of origin to exercise his/her right to practise his/her duties in Germany. professional activity has been temporarily, temporarily or permanently withdrawn. Unofficial table of contents

§ 7 Professional indemnity insurance

(1) From the obligation to maintain professional indemnity insurance in accordance with § 51 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung-Bundesrechtsanwaltsordnung), the established European lawyer shall be exempted if he/she of the Bar Association is subject to the provisions of the Country of origin state-closed insurance or guarantee, which is equivalent in terms of the conditions and coverage of an insurance pursuant to § 51 of the Federal Law of the Law of the Federal Republic of Germany. In the event of a lack of equivalence, an additional insurance or supplementary guarantee shall provide protection which is equivalent to the requirements of Section 51 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung). (2) The established European lawyer has in the case of Paragraph 1 of the Chamber of Lawyers shall submit annually a certificate issued by the insurer from which the insurance conditions and the scope of the cover will be obtained. In addition, he has the termination or termination of the insurance contract as well as any change in the insurance contract which affects the insurance protection prescribed in accordance with § 51 of the Federal Legal Code, the Bar Association without delay. If he does not comply with the obligations laid down in the first sentence or the second sentence, the admission to the Chamber of Lawyers may be revoked. Section 14 (2) No. 9 of the Federal Legal Code remains unaffected. (3) The provisions of paragraphs 1 and 2 shall apply to lawyers admitted in accordance with Section 3 or Section 4 in connection with Section 4 of the Federal Law of the Law of the Federal Law of the Federal Law. Unofficial table of contents

§ 8 Societate in the State of origin

(1) where the established European lawyer in the State of origin is an association with a Community professional practice, he shall inform the Chamber of Lawyers accordingly. It shall indicate the name of the concentration and the legal form. The Chamber of Lawyers may impose on him further useful information on the concentration concerned. (2) The personal liability of the established European lawyer for claims by the contracting authority for the replacement of a Damage caused by culpable culpable damage shall be excluded or limited only by the legal form of a concentration to which he belongs in the State of origin, to the extent that there is a professional indemnity insurance or guarantee which is subject to the conditions of § 59j the Bundesrechtsanwaltsordnung (Federal Legal Code). (3) The established European lawyer may, in the case of legal transactions, specify the name of a concentration on the Community's professional practice, to which he belongs in the country of origin. In this case, it shall also indicate the legal form of the concentration in the country of origin.

Section 3
Legal proceedings, deliveries

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§ 9 Notification of notification, legal hearing

(1) For the purposes of the examination of whether professional measures are to be taken, the investigating prosecutor shall, after the conclusion of the investigation and before the filing of the accusation, inform the competent authority of the competent authority of the competent authority of the competent authority of the competent authority of the competent authority of the competent authority The State of origin shall provide the facts as determined in so far as it considers necessary for the implementation of such measures. The notification shall be effected by sending a copy of the accusation address directly to the competent body of the country of origin. (2) For the purposes of the examination of whether professional measures are to be taken, legal proceedings shall be carried out in accordance with the law of the to communicate the procedures to the competent authority of the country of origin:

1.

the decision on the opening of the main proceedings,

2.

the judgments,

3.

the imposition of preliminary legal measures, their repeal and their repeal,

4.

the defence inscriptions,

5.

the professional documents,

6.

the audit records,

7.

the notice of appeal.

The court which has made the decision to take part or in which the submissions have been submitted is subject to the obligation to take part. The notification shall be effected by sending a copy of the decision to be notified to the competent body of the Member State of origin. (3) Where personal data may be transmitted in accordance with paragraph 1 or paragraph 2, the communication shall be sent to the competent authority of the State of origin. Further personal data of the person concerned or of a third party in such a way that they cannot be separated or can only be separated with unjustifiable expenses, the transmission of these data is also permissible, insofar as the legitimate interests of the person concerned are not The person concerned or the third party obviously outweighs their secrecy. The use of this data is inadmissible. The recipient must be informed that the use of the data of the third party is inadmissible and that the data of the data subject may only be used for the purpose referred to in paragraphs 1 and 2. (4) In legal proceedings, the to give the competent authority of the country of origin the opportunity to submit its observations. Representatives of the competent body of the State of origin shall be allowed to enter into non-public negotiations. Unofficial table of contents

§ 10 deliveries

In legal proceedings and in proceedings under § § 56, 57, 74, 74a of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung) against a registered European lawyer, a service cannot be effected in the prescribed manner in Germany. and where compliance with the provisions applicable to deliveries abroad appears to be unenforceable or is likely to be unsuccessful, the service shall be deemed to have taken place in the event of a copy of the document to be supplied to the competent body of the country of origin is sent and has passed since the task of the post four weeks.

Part 3
Inclusion

Section 1
Admission to the legal profession after three years of activity

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Section 11 Conditions

(1) Those who carry out an effective and regular activity of at least three years as a registered European lawyer in Germany in the field of German law, including Community law, in accordance with § 12, shall be subject to the following conditions: Regulations of § § 6 to 36 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung) are admitted to the bar. Effective and regular activity is the actual exercise of the profession without interruption; interruptions due to events of daily life remain disregarded. (2) Interruptions up to a duration of three weeks are in the Rule interruptions due to events of daily life. In the event of longer interruptions, the circumstances of the individual case shall be relevant. In the assessment, the Bar Association takes into account the reason, duration and frequency of interruption. (3) If there has been an interruption which has not occurred due to events of daily life, the until then the activity referred to in the first sentence of paragraph 1 shall be taken into account if, in total, at least three years ' activity is demonstrated and the interruption of an assessment of the activity is not contrary to the effective and regular nature of the activity. The duration of such an interruption shall not be taken into account in the calculation of the three-year period. Unofficial table of contents

§ 12 Proof of activity

(1) The applicant shall demonstrate the number and nature of the cases he has dealt with in German law and the duration of his activity. He shall give all information to the Chamber of Lawyers and send it all documents which are suitable for proof of proof. The Chamber of Lawyers may request the applicant to explain his/her details and documents verbally or in writing. (2) In order to prove the legal cases dealt with in German law, case lists shall be submitted, which shall regularly provide the following information: Reference number, subject matter, period, type and scope of activity, state of play. In addition, at the request of the Bar Association, anonymized work samples must be submitted.

Section 2
Admission in the case of shorter work in German law

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§ 13 Conditions

(1) Anyone who has worked effectively and regularly as a registered European lawyer in Germany for at least three years, but who has only operated in German law for a shorter period of time, shall be subject to the provisions of § § 6 to 36 of the Federal Legal Attorney's order admitted to the Bar if he has his ability to carry on the activity further according to § § 14 and 15. (2) In its decision, the Bar Association takes into account the nature and scope of the professional activity , as well as all knowledge and professional experience in German law, and participation on courses and seminars on German law, including the professional law of lawyers. Section 11 (1) sentence 2, para. 2, 3 shall apply accordingly. Unofficial table of contents

§ 14 Nachweise

The applicant shall provide the evidence in accordance with § 12. In addition, he has to provide all information to the Chamber of Lawyers and to submit all documents which are suitable as proof of his knowledge and professional experience in German law. Unofficial table of contents

§ 15 Discussion

The Chamber of Lawyers examines in a discussion whether the applicant has been effective and regularly acting as a registered European lawyer in Germany in the field of German law and whether he is able to continue this activity . The subjects of the interview are to be found in the applicant's proven professional practice and his other experiences in German law.

Part 4
Aptitude Check

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§ 16 qualifying examination

(1) A natural person who has completed a vocational training which is entitled to direct access to the profession of a European lawyer (§ 1) may take an aptitude test in order to be admitted to the legal profession. (2) A Vocational training, which has not taken place mainly in Member States of the European Union or other States Parties to the Agreement on the European Economic Area or Switzerland, shall be entitled to take the aptitude test only if: the applicant is in fact the profession of a European lawyer and has been legally practised for at least three years and is certified by the Member State concerned who has recognised the training. Unofficial table of contents

§ 17 Purpose of the aptitude test

The aptitude test is a state examination, which concerns only the applicant's professional knowledge and with which his ability to pursue the profession of a lawyer in the Federal Republic of Germany is to be assessed. The aptitude test must take account of the fact that the applicant in a Member State of the European Union or of another State Party to the Agreement on the European Economic Area or Switzerland on a professional Qualification for the exercise of a lawyer's profession. It shall not apply in whole or in part if the applicant has acquired knowledge during his/her professional experience which is necessary for the profession of professional practice in Germany. Unofficial table of contents

§ 18 Examination Office

(1) The aptitude test is carried out by the Examination Office, which is responsible for the second state examination of the state. (2) Several countries can form a joint examination office by agreement. The competence of an examination office may be limited by agreement to the aptitude test of applicants from individual countries of origin. (3) The examination shall be taken by a Commission with at least three examiners. In the event of a tie, the Chairperson shall vote. The national law may provide that the written services, instead of the Commission, should also be evaluated by two examiners who do not have to belong to the Commission. If the two examiners cannot agree on whether a supervisory work meets the requirements, a third examiner shall decide which is determined by the examination office. (4) The auditors shall be independent in the performance of their duties. Unofficial table of contents

Section 19 Approval for Examination

(1) The examination office decides on the admission to the examination. (2) The admission to the examination shall be denied if the applicant does not fulfil the legal requirements or if the documents or declarations to be determined by the legal regulation are not fulfilled. does not submit or does not deliver. Unofficial table of contents

§ 20 Examination subjects

(1) Examination subjects are the compulsory subject of civil law, two elective subjects and the right to professional conduct of the lawyers. The applicant shall designate one optional subject from the two elective groups.

1.

Public law or criminal law,

2.

Commercial law, labour law, other areas of civil law, public law or criminal law which are not covered by the compulsory subject.

The applicant may not determine the same elective subject in both elective groups. (2) Examination contents are to be specified in more detail by means of a regulation of the compulsory subject and the two electives as well as the procedural law of the two electives. including the foundations of court constitutional law and the broad lines of the enforcement order and the insolvency law. Unofficial table of contents

Section 21 Examination services

(1) The examination shall consist of a written part and an oral part. It is filed in German. (2) The written examination comprises two supervisory work. A supervisory work refers to the compulsory subject, the other to the elective subject specified by the applicant. (3) The applicant will be admitted to the oral examination only if at least one oversight work meets the requirements; otherwise (4) The oral examination shall consist of a short presentation and an examination interview. It has the right to the professional conduct of the lawyers, the elective subject in which the applicant has not written a supervisory work, and, if a supervisory work does not meet the requirements, in addition the subject of this Work. Unofficial table of contents

Section 22 Examination decision

On the basis of the overall impression of the services in the written and oral examination with a majority of votes, the Examination Committee decides whether the applicant has the necessary knowledge in accordance with Section 17. Unofficial table of contents

Section 23 objections

(1) The applicant may collect objections in writing against the evaluation of his examination achievements. (2) If the applicant is admitted to the oral examination, he must make the objections against the evaluation of the written supervisory work. at the latest within one month of the announcement of the examination decision, the objections to the evaluation of the oral examination immediately after the examination decision has been announced by the examination office (§ 18). Objections to the evaluation of the written supervisory work shall be submitted no later than two months after the notification of the examination decision, the objections to the evaluation of the oral examination shall be made no later than within one month after the date of receipt of the examination. (3) If the applicant is not admitted to the oral examination, he must submit the objections to the evaluation of the written supervisory work at the latest within one month after notification of the examination decision at the examination office (4) In the event that the objections are not referred to in paragraphs 1 to 3, they shall be rejected by the Examination Office. In addition, the objections will be sent to the examiners for verification of their evaluation. Unofficial table of contents

Section 24 Repeal of the examination

The test can be repeated.

Part 5
Temporary service

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Section 25 Temporary activity

(1) A European lawyer may, in so far as he provides services within the meaning of Article 50 of the Treaty establishing the European Community, temporarily in Germany the activities of a lawyer in accordance with the following provisions: (2) Paragraph 1 shall not apply to European lawyers who are not allowed to pursue the profession of lawyer, because:

1.

for one of the reasons in accordance with § 7 Nos. 1, 2, 4 to 6 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung) they are not admitted to the attorney's office in a manner which is no longer eligible or their admission for one of these reasons is in accordance with § 14 (1) of the Federal Legal Code of Law in has not been withdrawn in a countervailable manner for as long as the reason for the non-authorisation or withdrawal of the authorisation exists,

2.

has been revoked in a way which is no longer subject to appeal pursuant to Section 14 (2) (1) and (2) of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung),

3.

the measure of exclusion from the legal profession has been legally imposed in accordance with Section 114 (1) No. 5 of the Federal Law of the Law of the Federal Law.

If a European lawyer is prohibited under Article 70 of the Criminal Code, § 132a of the Code of Criminal Procedure, or § 150 of the Federal Legal Code, the practice of the profession of lawyer is prohibited, paragraph 1 shall not apply for the duration of the prohibition. If a prohibition of representation has been imposed on a person under Section 114 (1) (4), § § 150 or 161a of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung), paragraph 1 shall not be applied to the extent to which the prohibition of representation exists. Unofficial table of contents

Section 26 Professional title, proof of legal status

(1) § 5 (1) and 2 (2) shall apply mutadensely for the management of the professional title. (2) The serving European lawyer shall have the attorney's chamber, court or authority competent pursuant to § 32 (4), before which he is present, to prove, on request, that he or she is entitled to pursue the profession in the country of origin. If this request is made, it shall not be allowed to carry out the activities in accordance with this part of the law until proof has been provided. Unofficial table of contents

§ 27 Rights and obligations

(1) In connection with the representation or defence of a client in the field of the administration of justice or before the authorities, the service-performing European lawyer shall have the position of a lawyer, in particular his rights and obligations, to the extent that: This does not affect the membership of a Chamber of Lawyers and the Registry. Restrictions on the power of representation resulting from the requirement of admission to the Federal Court of Justice remain unaffected. (2) In the exercise of other activities, the rules applicable to a lawyer are to be complied with; in this case, comply in particular with the professional obligations arising from § § 43, 43a, 43b and 45 of the Federal Legal Law Code. These rules shall apply only in so far as they are not inextricably linked to the establishment in Germany, they can be observed because of their general meaning and the desire to respect them is justified in order to ensure a proper To ensure the performance of the attorney's activities and the maintenance of the reputation and confidence required by the attorney's office. Unofficial table of contents

§ 28 Representation and defence in the field of administration of justice

(1) The serving European lawyer shall be entitled in court proceedings and in administrative proceedings for offences, administrative offences, misconduct or breaches of professional duties, in which the client does not himself dispute the legal dispute (2) In order to represent or defend a client, the court or the authority must be responsible for the representation or defence of a client. (2) authority. It is the responsibility of the European lawyer to ensure that the attorney in charge of representation or defence complies with the requirements of an orderly administration of justice. (3) Between the lawyer and the client. No contractual relationship shall be concluded if the parties concerned have not determined otherwise. (4) (omitted) Unofficial table of contents

§ 29 Proof of acceptance, revocation

(1) The agreement shall be proven in writing in the first act in relation to the court or the authority. (2) A revocation of the agreement shall be declared in writing to the court or the authority. He has effect only for the future. (3) Actions for which proof of the agreement is not available at the time of his/her take-up are ineffective. Unofficial table of contents

§ 30 Special features in defence

(1) The serving European lawyer shall be entitled to visit a client who is deprived of freedom by legal or administrative order in criminal proceedings only in the company of a lawyer pursuant to section 28 (1) of the law. with the client in writing only on such a written form. The agreement on the exercise of the travel and correspondence is to be established with the consent authority. (2) The court or authority may allow the visit, without accompanying or immediate written traffic, if there is a danger § § 138a to 138d, 146, 146a and 148 of the Code of Criminal Procedure as well as Sections 26, 27 (3), 29 (1) and 31 (4) of the Penal Code are to be applied accordingly to the law of the person to be taken in. Unofficial table of contents

Section 31 deliveries in administrative and judicial proceedings

(1) The serving European lawyer shall appoint a service representative who resides domestily or has a business area there, as soon as he or she becomes active in proceedings before the courts or authorities. The appointment shall be made to the Authority or to the General Court. Deliveries intended for the serving European solicitor shall be made available to the appointing agent. He can also be served by a lawyer to a lawyer (§ § 174 and 195 of the Code of Civil Procedure). (2) If a delivery agent is not named, the person responsible for the procedure shall be deemed to have been a member of the office of attorney in accordance with Section 28 (1). Authorized representative; may not be served to an appointing representative within the scope of this Act, the service may be effected by task for the post (Section 184 of the Code of Civil Procedure). Unofficial table of contents

§ 32 Supervision, competent Chamber of Lawyers

(1) European lawyers shall be supervised by the competent attorneys of law. In particular, it is the responsibility of the Board of Management of the Bar Association to

1.

to advise and lecture on matters relating to the professional duties of a lawyer;

2.

to monitor the performance of professional duties and to handle the right of the complaint;

3.

to inform the competent authority of the State of establishment of decisions taken with regard to a European lawyer;

4.

to obtain the necessary information of a professional nature through European attorneys at work;

5.

on request in case of disputes between European lawyers and domestic lawyers.

(2) The Executive Board may delegate the tasks referred to in paragraphs 1, No. 1, 3 to 5 to individual members of the Management Board. (3) § § 56, 57, 74, 74a and 77 of the Federal Legal Code apply accordingly. (4) The jurisdiction of the Bar Association The supervision referred to in paragraph 1 shall be governed by the State of establishment of the European lawyer responsible for the service. Supervision shall be exercised by European lawyers who are performing their duties

1.

Belgium and the Netherlands by the Düsseldorf Bar Association in Düsseldorf, Germany,

2.

France and Luxembourg by the Koblenz Bar Association in Koblenz, Germany

3.

the United Kingdom, Ireland, Finland and Sweden by the Hanseatische Rechtsanwaltskammer in Hamburg, Germany,

4.

Italy and Austria by the Chamber of Lawyers for the Munich Higher Regional Court in Munich,

5.

Denmark, Norway and Iceland by the Schleswig-Holsteinische Rechtsanwaltskammer in Schleswig,

6.

Liechtenstein and Switzerland by the Chamber of Lawyers in Freiburg, Germany

7.

Greece and the Republic of Cyprus by the Chamber of Lawyers in Celle,

8.

Spain and Estonia by the Stuttgart Bar Association in Stuttgart, Germany

9.

Portugal through the Oldenburg Bar Association in Oldenburg,

10.

the Czech Republic and Slovakia by the Saxony Bar Association in Dresden,

11.

Poland by the Bar Association of Brandenburg in Brandenburg an der Havel,

12.

Latvia and Lithuania by the Mecklenburg-Vorpommern Bar Association in Schwerin,

13.

Hungary by the Nuremberg Bar Association in Nuremberg,

14.

Malta by the Bar Association of the State of Saxony-Anhalt in Magdeburg, Germany

15.

Slovenia through the Thuringia Bar Association in Erfurt,

16.

Bulgaria through the Berlin Bar Association in Berlin,

17.

Romania through the Frankfurt am Main Bar Association in Frankfurt am Main, Germany

18.

Croatia through the Tübingen Bar Association in Tübingen.

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§ 33 Anwaltsability, deliveries

(1) The serving European lawyer shall be subject to the attorney's jurisdiction in the performance of his professional duties. The local jurisdiction of the Bar Court shall be determined on the basis of the seat of the Bar Association, which shall exercise the supervision in accordance with § 32. (2) § 10 shall apply accordingly. Unofficial table of contents

Section 34 Legal proceedings of a breach of duty, provisional legal proceedings

The provisions of the sixth and seventh parts of the European attorney-at-law shall apply to the attorney-at-law enforcement of breaches of duty and the imposition of preliminary legal measures for the service of the European lawyer. Federal legal system of law with the following measures:

1.

the prohibition in accordance with Section 114 (1) no. 4 as well as the provisional measures pursuant to § 150 (1) and § 161a may only be issued for the Federal territory;

2.

to replace the exclusion from the legal profession in § 114 paragraph 1 no. 5, § 114a para. 3 sentence 1, § 148 para. 1 sentence 1, § 149 para. 1 sentence 1, § 150 para. 1, § 153 sentence 1, § 156 para. 1 and § 158 no. 1 the prohibition to provide services in Germany provide;

3.

the communication pursuant to § 160 (1) sentence 1, § 161a (2) shall be addressed to all legal chambers of law;

4.

§ 161 shall not apply.

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§ 34a Obligations of notification

(1) Courts and authorities shall transmit personal data necessary for the initiation of a complaint procedure or a legal proceeding from the point of view of the transmitting body responsible for the initiation of such proceedings competent authorities, insofar as the interests of the person concerned are not adversely affected by this, or where the public interest outweighs the confidentiality of the person concerned. Section 36 (2) sentence 2 of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung) applies accordingly. (2) For communications to the competent authorities of the country of origin, § 9 applies accordingly.

Part 6
Legal action in administrative law matters and general rules governing the administrative procedure

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Section 35 Legal Way in Administrative Law Matters

For public-law disputes in accordance with parts 2, 3, 5 and 6 of this Act or in accordance with a regulation adopted in respect of these parts, in so far as they are not of a legal nature, or expressly assigned to another court , the provisions of the Bundesrechtsanwaltsordnung für verwaltungsLegal Anwaltssachen shall apply accordingly. Unofficial table of contents

Section 36 Certificates of the State of origin or the State of origin

To the extent that decisions are taken in accordance with Part 1, Part 2 or Part 3 of this Act

1.

certificates or documents which do not disclose serious professional misconduct, offences or other circumstances which call into question the suitability of the applicant for the profession of lawyer,

2.

certificates or documents that the applicant is not in the course of bankrupting;

3.

Certificates of physical or mental health,

4.

A certificate or certificate issued by the Member State of origin or the State of origin satisfying the requirements of Article 6 of Directive 89 /48/EEC of the Council of the European Communities of 21 December 1988 on a general system for the recognition of higher education diplomas awarded at least three years ' vocational training (OJ L 327, 31.12.2002, p. EC 1989 No 16).

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Section 37 Cooperation with the competent authorities in other States

The Chamber of Lawyers shall provide assistance if the competent body of the State of origin requests it, on the basis of Directive 98 /5/EC of the European Parliament and of the Council of 16 February 1998 on the facilitation of the permanent exercise of the the profession of lawyer in a Member State other than the one in which the qualification was obtained (OJ L 327, 30.4.2004, p. EC No 77 p. 36). Unofficial table of contents

§ 38 Transfer of personal information about lawyers admitted to Germany

(1) Where the authorisation of a lawyer established in another Member State of the European Union or State Party to the Agreement on the European Economic Area or Switzerland under his original professional title , in accordance with § 14 of the Federal Act on Legal Affairs, the Bar Association shall inform the competent authority of the host country for the purpose of examining professional measures. (2) The provisions of § 9 shall be shall apply accordingly to lawyers admitted in Germany and in , other Member States of the European Union or States Parties to the Agreement on the European Economic Area or Switzerland shall be established under their original professional title. Unofficial table of contents

§ 38a Statistics

A federal statistic is carried out by means of procedures in accordance with Part 4 of this Act. Section 17 of the Professional Qualification Act, with the exception of paragraph 2, point 4, shall apply. Unofficial table of contents

Section 39 Fees and charges

The collection and recovery of fees and charges for official acts in accordance with this Act shall apply in accordance with the provisions of the Bundesrechtsanwaltsordnung (Federal Law Code).

Part 7
Authorisations, delegation of powers

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§ 40 Authorisations

(1) The Federal Ministry of Justice is authorized to adapt the Appendix to § 1 by means of a decree law which does not require the consent of the Federal Council, if the circle or names of the listed occupations or the circle of the Member States of the European Union or of the States Parties to the Agreement on the European Economic Area. (2) The Federal Ministry of Justice is authorized, by means of a regulation with the consent of the Federal Council, to determine the details of the to regulate the aptitude test, in particular:

1.

the areas of compulsory subjects and electives,

2.

the approval of the test,

3.

the examination procedure;

4.

examination performance,

5.

the consequences of an orderly conduct,

6.

the adoption of audit services;

7.

the repetition of the examination and the number of repetition possibilities,

8.

the collection of a fee.

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Section 41 Transfer of powers

(1) The State Governments shall be empowered to transfer the tasks and powers conferred on the State Justice Administrations under this Act to subordinate authorities by means of a regulation. The State Governments may transfer this authorisation to the Land Justice Administrations by means of a legal regulation. (2) The State Governments are authorized to carry out the aptitude test in accordance with Part 4 of this Act by means of a decree law. or in part to be transferred to the attorney's chambers. The national governments can transfer this authorisation to the Land Justice Administrations by means of a legal regulation. In this case, Section 73 (1) sentence 2 and Section 3 of the Federal Legal Law Code shall apply accordingly.

Part 8
Transitional and final provisions

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§ 42 Application of provisions of the Criminal Code

(1) For the application of the provisions of the Criminal Code on the impunity of the non-display of planned offences (§ 139 (3) sentence 2), violation of private secrets (§ 203 para. 1 No. 3, para. 3 to 5, § § 204, 205), fee oversurvey (§ § 203, § 3). 352) and party betrayal (§ 356), European lawyers are the same to lawyers and lawyers. (2) To protect the professional titles mentioned in the Appendix to § 1, the provision of Section 132a (1) No. 2, Section 2 of the Penal Code on the Protection of the professional title of lawyer to be applied accordingly. Unofficial table of contents

Section 43 Transitional arrangements

(1) The administrative procedures initiated before 1 September 2009 shall continue in the situation in which they are located on that date, in accordance with this Act, in the version in force as from that date, unless otherwise specified. Measures taken on the basis of the law in force until 31 August 2009 shall remain in force. (2) The admissibility of appeals against decisions taken before 1 September 2009 shall be determined in the same way as that of the further proceedings in accordance with the law applicable up to that date. (3) The legal proceedings pending before 1 September 2009 in administrative law matters under this Act shall be subject to the provisions applicable up to that date. continued. Unofficial table of contents

Annex to § 1
Legal practitioners in Member States of the European Union, other States Parties to the Agreement on the European Economic Area and Switzerland

Fundstelle: BGBl. I 2003, 2075;
with regard to of the individual amendments. Footnote

-in Belgium:	Avocat/Advocaat/Attorney
-in Bulgaria:	AДBOKAT (Advokat)
-in Denmark:	Advokat
-in Estonia:	Vandeadvokaat
-in Finland:	Asianajaja/Advokat
-in France:	Avocat
-in Greece:	Δικηγόρος (Dikigoros)
-in the United Kingdom:	Advocate/Barrister/Solicitor
-in Ireland:	Barrister/Solicitor
-in Iceland:	Lögmaur
-in Italy:	Avvocato
-in Croatia:	Odvjetnik
-in Latvia:	Zverinats advokats
-in Liechtenstein:	Lawyer
-in Lithuania:	Advokatas
-in Luxembourg:	Avocat
-in Malta:	Avukat/Prokuratur Legali
-in the Netherlands:	Advocaat
-in Norway:	Advokat
-in Austria:	Lawyer
-in Poland:	Adwokat/Radca prawny
-in Portugal:	Advogado
-in Romania:	Avocat
-in Sweden:	Advokat
-in Switzerland:	Advokat, Attorney, Advocate, Advocate, Fürsprech/Avocat/Avvocato
-in Slovakia:	Advokat/Komercny pravnik
-in Slovenia:	Odvetnik/Odvetnica
-in Spain:	Abogado/Advocat/Avogado/Abogado/Abokatu
-in the Czech Republic:	Advokat
-in Hungary:	Ügyved
-in Cyprus:	Δικηγόρος (Dikigoros)