Serving European lawyers; information on the temporary exercise of the profession

A European lawyer may temporarily practice law in Germany under the professional title of his country of origin.

Description

Nationals of the Member States of the European Union, of the other Contracting States to the Agreement on the European Economic Area and of Switzerland, who are entitled to practice as a self-employed lawyer under one of the professional titles listed in the Annex to the Act on the Activities of European Lawyers in Germany (EuRAG) (European lawyers), may temporarily practice as lawyers in Germany (so-called European lawyers on duty).

A European lawyer is someone who is allowed to use one (or more) of the following professional titles:

  • in Belgium: Avocat/Advocaat/Lawyer
  • in Bulgaria: Адвокат (Advocate)
  • in Denmark: Advokat
  • in Estonia: Vandeadvokaat
  • in Finland: Asianajaja/Advokat
  • in France: avocat
  • in Greece: Δικηγόρος (Dikigoros)
  • in Ireland: Barrister / Solicitor
  • in Iceland: Lögmaur
  • in Italy: Avvocato
  • in Croatia: Odvjetnik/Odvjetnica
  • in Latvia: Zvērināts advokāts
  • in Liechtenstein: Rechtsanwalt
  • in Lithuania: Advokatas
  • in Luxembourg: Avocat
  • in Malta: Avukat/Prokuratur Legali
  • in the Netherlands: Advocaat
  • in Norway: Advokat
  • in Austria: Rechtsanwalt
  • in Poland: Adwokat/Radca prawny
  • in Portugal: Advogado
  • in Romania: Avocat
  • in Sweden: Advokat
  • in Switzerland: Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech/Avocat/Avocato
  • in Slovakia: Advokát/ Komerčný právnik
  • in Slovenia: Odvetnik /Odvetnica
  • in Spain: Abogado/Advocat/Avogado/Abokatu
  • in the Czech Republic: Advokát
  • in Hungary: Ügyvéd
  • in Cyprus: Δικηγόρος (Dikigoros).

European lawyers providing services are in principle authorized to give advice in the field of German law. However, the restriction applies that they may only act as a representative or defender of a client in court proceedings as well as in official proceedings for criminal offenses, administrative offenses, official misconduct or breaches of professional duty, in which clients are not allowed to conduct the legal dispute or defend themselves themselves, in agreement with a lawyer admitted in accordance with the provisions of the Federal Lawyers' Act (Einvernehmensanwalt).

Prerequisites

A prerequisite for the temporary exercise of the profession in Germany is the use of the professional title that may be used under the law of the country of origin. Anyone who is subsequently entitled to use the professional title of "lawyer" (as is the case in Austria, for example) must also state the professional organization to which he or she belongs in the country of origin (e.g. Vienna Bar Association).

The entitlement to practice the profession of a lawyer in the country of origin must be proven upon request of the competent bar association, court or authority before which the European lawyer providing services appears.

Deadlines

none

Required documents

  • Certificate of membership of the legal profession issued by the competent authority in the home Member State

Fees

  • none

Status: 10.06.2022

Responsible for editing: Bayerisches Staatsministerium der Justiz

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  • Online transactions, Bavaria-wide
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  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
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  • Fees, Bavaria-wide
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