Saturday, May 17, 2014

AM&S Europe v. Commission of European Communities case brief summary

AM&S Europe v. Commission of European Communities (CoJ, 1982)                       [14]
F:         Commission launches investigation of a UK company, and the company claims legal privilege for certain documents. The Commission insists and AM&S initiates proceedings before the Court to declare the Commission’s decision as void.
R:         Confidentiality, which is common to all member states, must be recognized as regards certain communications between a lawyer and a client. The nature varies somewhat, but we can find some commonality amongst the Member States – the communication (1) must be related to the case or issue at hand, and (2) it must be communication with an independent lawyer (not in-house counsel). At the time, this privilege was limited to independent E.U. lawyers, and not to other lawyers (i.e.: American lawyers).
H:        The communications in question concern legal opinions regarding Community provisions on competition, and are protected from disclosure.

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