If a citizen chooses to acquire the title of lawyer in another Member State

According to Advocate General Nils Wahl, the mere fact that a citizen chooses to acquire the title of lawyer in another Member State for the purpose of benefitting from more favourable legislation is not an abuse of rights

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the directive does not permit the registration of a lawyer in the host Member State to be made conditional on the fulfilment of other conditions (such as a hearing in order to determine language proficiency or upon completion of a certain period of practical experience or of activity as a lawyer in the Member State of origin). If no previous experience is required in order to practise, for example, as an abogado in Spain, there is no reason that it should be imposed in order to practise under the very same professional title (abogado) in another Member State

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the Lawyers’ Establishment Directive precludes the practice of refusing, on grounds of abuse of rights, to enter in the Bar Register, in the special section for lawyers qualified abroad, nationals of that Member State who, soon after obtaining the professional title in another Member State, return to their home Member State

(source: Court of Justice of the European Union PRESS RELEASE No 59/14 Luxembourg, 10 April 2014)

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