In-house lawyers in ‘legal privilege’ setback

Report of the Advoate-General Opinion in ECJ Case C-550/07 P
Akzo Nobel Chemicals Ltd and Akros Chemicals Ltd v European Commission, April 2010. Advocate General Juliane Kokott took the view that, in cartel investigations by the European Commission, legal professional privilege does not apply to communications with in-house lawyers. Internal communications with in-house lawyers, even if they are enrolled as members of a Bar or Law Society, do not enjoy the fundamental protection afforded at European Union level to communications between an independent lawyer and his client.

ECJ: Press Release, No.40, 2010 http://curia.europa.eu/jcms/upload/docs/application/pdf/2010-04/cp100040en.pdf

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