European Court confirms validity of legal services ban on Russian entities
In the three combined cases of Ordre néerlandais des avocats du barreau de Bruxelles v Council (T-797/22), Ordre des avocats à la cour de Paris and Couturier v Council (T-798/22) and ACE v Council (T-828/22) the court ruled in favour of the Council of the EU. The cases were brought by Belgian and French lawyers' associations, who argued that the prohibition violated fundamental rights, including access to legal counsel, professional secrecy, and the independence of lawyers.
The 2022 sanctions restrict EU-based lawyers from offering legal advisory services to the Russian government and Russian entities, except in cases linked to judicial, administrative, or arbitral proceedings. The lawyers' associations claimed the prohibition was unjustified and infringed upon legal protections essential to the rule of law.
However, the General Court ruled that the sanctions do not breach the right to legal representation in litigation, as the prohibition applies only to non-litigation legal advice. It further emphasised that advice to natural persons and legal services connected to court cases are exempt from the ban, thereby preserving the core role of lawyers in upholding justice.
The court also stressed that while lawyers play a critical role in defending the rule of law, the EU may impose restrictions for objectives of general interest, as long as they do not disproportionately affect the essence of the legal profession’s duties. Ultimately, the court found that the prohibition on legal advisory services aligns with these objectives and is justified in the context of EU sanctions on Russia.
An appeal of the decision may be lodged before the Court of Justice within two months.
The judgments can be found here (T-797/22), here (T-798/22), and here (T-828/22).
The official press release can be found here.