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Prezes appeal: poor outcome for general counsel

15 December 2011

Law Society President John Wotton has written to the Secretary of State for Justice Kenneth Clarke on behalf of the Law Society to express his profound disappointment on hearing of the government's decision not to intervene in the Prezes appeal - Prezes Urzedu Kommunickacji Elektronicznej (the President of the Office of Electronic Communications in Poland).

The decision of the General Court (The Court of Justice of the European Union or CJEU) in the Prezes Order departs from 50 years of settled practice at the Courts, whereby in-house counsel have been permitted to plead - and have pleaded - on behalf of the companies which employ them.

If the CJEU accepts the line taken by the General Court on appeal, the rights of in-house lawyers who wish to bring cases before the Courts of Justice of the European Union will be significantly curtailed.

Effects of the case

This order will deepen the distinction between in-house lawyers and other lawyers and add weight to the arguments of those who take the view that in-house lawyers are not 'truly' lawyers. It is a novel judicial development which stems from an unduly restrictive reading of the Statutes of the Court of Justice. It also constitutes an unprecedented expansion of the Akzo Nobel line of case-law, a line with the Law Society already finds deeply troubling.