header-logo header-logo

23 September 2010
Issue: 7434 / Categories: Case law , Law reports
printer mail-detail

European Union—Privilege—Legal professional privilege

Akzo Nobel Chemicals Ltd and another v European Commission C-550/07 P, [2010] All ER (D) 72 (Sep)

Court of Justice of the European Union (Grand Chamber), Skouris (President), Tizzano, Rodrigues, Lenaerts, Bonichot, Silva de Lapuerta (Rapporteur), and Levits (Presidents of Chamber), Rosas, Lohmus, Safjan and Svaby, 29 Apr 2010

In relation to Legal Professional Privilege (LPP), in-house lawyers are in a fundamentally different position from external lawyers, so that their respective circumstances are not comparable.
In February 2003, the Commission ordered the applicants to submit to an investigation aimed at seeking evidence of possible anti-competitive practices. To that end, Commission officials carried out an investigation at the applicants’ premises. They took copies of a considerable number of documents.

The applicants’ representatives informed the officials that certain documents were likely to be covered by the protection of confidentiality of communications between lawyers and their clients. It was decided that the leader of the investigating team would briefly examine the documents in question. During the examination of the documents in question, a dispute arose in relation to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll