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Case C-295/23, Halmer Rechtsanwaltsgesellschaft: Judgment of the Court (Grand Chamber) of 19 December 2024 (request for a preliminary ruling from the Bayerischer Anwaltsgerichtshof – Germany) – Halmer Rechtsanwaltsgesellschaft UG v Rechtsanwaltskammer München (Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Establishing the applicable freedom – Services in the internal market – Directive 2006/123/EC – Article 15 – Requirements which relate to the shareholding of a company – A purely financial investor’s holding in a law firm – Revocation of that law firm’s registration with the professional body on account of that holding – Restriction on freedom of establishment and on the free movement of capital – Justifications based on protecting the independence of lawyers and recipients of legal services – Necessity – Proportionality)
ECLI:EU:UNKNOWN:62023CA0295
62023CA0295
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Official Journal of the European Union
C series
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C/2025/1063
(Case C-295/23,
Halmer Rechtsanwaltsgesellschaft)
(Reference for a preliminary ruling - Article 49 TFEU - Freedom of establishment - Article 63 TFEU - Free movement of capital - Establishing the applicable freedom - Services in the internal market - Directive 2006/123/EC - Article 15 - Requirements which relate to the shareholding of a company - A purely financial investor’s holding in a law firm - Revocation of that law firm’s registration with the professional body on account of that holding - Restriction on freedom of establishment and on the free movement of capital - Justifications based on protecting the independence of lawyers and recipients of legal services - Necessity - Proportionality)
(C/2025/1063)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Halmer Rechtsanwaltsgesellschaft UG
Defendant: Rechtsanwaltskammer München
In the presence of: SIVE Beratung und Beteiligung GmbH, Daniel Halmer
Operative part of the judgment
Article 15(2)(c) and Article 15(3) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, and Article 63 TFEU
must be interpreted as not precluding national legislation which, under penalty of the law firm concerned having its registration with the bar association revoked, prohibits shares in that firm from being transferred to a purely financial investor who does not intend to exercise, in that firm, a professional activity covered by that legislation.
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ELI: http://data.europa.eu/eli/C/2025/1063/oj
ISSN 1977-091X (electronic edition)
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