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

Procedural record

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.

   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.

   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

   Judge

   Marie-Françoise d'ARDAILHON MIRAMON

   Judge

   Béatrice CHAMPEAU-RENAULT

   Judge

   Marie-Hélène MASSERON

   Judge

   Estelle MOREAU

   Judge

   Nicole COCHET

   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