Arbitral Digest

Matter

[D] [T] v Conseil national des barreaux (Paris Court of Appeal RG 23/05685)

  1. 14 February 2023Arbitration

    14 February 2023Arbitration

    Decision of the National Bar Council dated 14 February 2023

    Decision summary
    The National Bar Council rejected [D] [T]'s application to sit the examination for control of knowledge of French law under Article 100 of Decree No. 91-1197 of 27 November 1991, because the required reciprocity for access to the French legal profession was not established.

    Supporting details

    2 participants
    [D] [T]
    Conseil national des barreaux

    1 year, 4 months and 6 days later · 492 days

  2. 20 June 2024France

    20 June 2024France

    Judgment of the Paris Court of Appeal, Division 4 - Chamber 13 in case RG 23/05685 dated 20 June 2024

    Paris Court of Appeal, Division 4 - Chamber 13

    Case no.
    RG 23/05685
    Decision summary
    The Paris Court of Appeal confirmed the National Bar Council's rejection of [D] [T]'s application to sit the French-law knowledge examination for admission to a French bar. It held that the applicant had not demonstrated the required reciprocity in law and in fact for French lawyers seeking to access and practise law in Russia. The court also ordered him to pay the costs and rejected the claim for an Article 700 award.

    Supporting details

    14 authorities · 13 participants
    [D] [T]
    Representative
    Marion SERANNE (For: [D] [T])
    Conseil national des barreaux
    Representative
    Dominique PIAU (For: Conseil national des barreaux · President of the National Bar Council)
    President of the National Bar Council
    Representative
    Dominique PIAU (For: Conseil national des barreaux · President of the National Bar Council)
    Paris Court of Appeal, Division 4 - Chamber 13
    Advocate General
    Florence LIFCHITZ
    Other
    Institutional administrator
    Victoria RENARD
    Institutional administrator
    Florence GREGORI

    Authorities cited

    14
    • French Code of Civil Procedure
      statute
    • French Law No. 71-1130 of 31 December 1971
      statute
    • French Decree No. 91-1197 of 27 November 1991
      statute
    • General Agreement on Trade in Services (GATS)
      statute
    • Partnership and Cooperation Agreement establishing a Partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part
      statute
    • General Agreement on Tariffs and Trade (GATT)
      statute
    • Council Regulation (EU) No. 833/2014 dated 31 July 2014
      statute
    • Council Regulation (EU) 2022/428 dated 15 March 2022
      statute
    • Council Regulation (EU) 2022/1904 dated 6 October 2022
      statute
    • Federal Law No. 63-FZ on Advocacy and the Legal Profession in the Russian Federation
      statute
    • Administrative Regulation governing the Registration of Foreign Lawyers in the Ad Hoc Register
      statute
    • European Community Accession Decision 94/800 of 22 December 1994
      statute
    • French Court of Cassation Judgment of 22 November 2007
      case-law
    • Court of Cassation judgment of 6 December 2023
      case-law

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[D] [T] v Conseil national des barreaux (Paris Court of Appeal RG 23/05685) · Matter