registration or establishment in the EEA is required to practice on a permanent basis.
In HR: Union nationality is required for the practice of legal services in respect of domestic (Union and Member State) law, including representation before courts. In proceedings involving public international law, parties may be represented before arbitration courts and ad hoc courts by a foreign lawyer who is a member of their home country bar association. Only a lawyer who has the Croatian title of lawyer can establish a law firm (New Zealand firms may establish a branch, which may not employ Croatian lawyers).
EU/NZ/Annex 10-A/en 44
In HU: Full admission to the Bar is subject to EEA or Swiss nationality and residency (commercial presence) for the practice of legal services in respect of domestic law, including representation before courts. Foreign lawyers may provide legal advice on home country and public international law in partnership with a Hungarian attorney or a law firm. A cooperation contract concluded with a Hungarian attorney (iigyvéd) or law firm (iigyvédi iroda) is required. A foreign legal adviser cannot be a member of a Hungarian law firm. A foreign lawyer is not authorised for the preparation of documents to be submitted to, or act as the
client's legal representative before an arbitrator, conciliator or mediator in any dispute.
In LT (with respect also to most-favoured-nation treatment): EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of
domestic (Union and Member State) law, including representation before courts.
Attorneys from foreign countries may practice as advocates in court only in accordance with
international agreements, including specific provisions regarding representation before courts. In LU (with respect also to most-favoured-nation treatment): EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of
domestic law, including representation before courts.
The Council of the Order may, on the basis of reciprocity, agree to waive the nationality
requirement for a foreign national.
EU/NZ/Annex 10-A/en 45
In LV (with respect also to most-favoured-nation treatment): EEA or Swiss nationality is required for the practice of domestic law, including representation before courts. Attorneys from foreign countries may practice as advocates in court only in accordance with a bilateral
agreement on mutual legal assistance.
For Union or foreign advocates, special requirements exist. For example, participation in court proceedings in criminal cases is only permitted in association with an advocate of the
Latvian Collegium of Sworn Advocates.
In MT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of domestic law, including representation before
courts.
In NL: Only locally licensed lawyers registered in the Dutch registry may use the title "advocate". Instead of using the full term "advocate", (non-registered) foreign lawyers must mention their home country professional organisation for the purposes of their activities in the Netherlands.
In PT (with respect also to most-favoured-nation treatment): residency (commercial presence) is required in order to practice Portuguese domestic law. For representation before courts, full admission to the Bar is required. Foreigners holding a diploma awarded by any Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados), under the same terms as Portuguese nationals, if their respective country grants Portuguese nationals
reciprocal treatment.
EU/NZ/Annex 10-A/en 46
Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law in Portugal may register as a member of the Bar Association provided that they undergo the required training and pass the final assessment and admission exam. Only law firms where the
shares belong exclusively to lawyers admitted to the Portuguese Bar may practise in Portugal.
Legal consultation is allowed in any area of foreign and public international law by jurists of recognised merit, masters and doctors in law (even if non-lawyers and non-university professors), provided they have their professional residence (domiciliag4o) in PT, pass an
admission exam and are registered in the Bar.
In RO: A foreign lawyer may not make oral or written conclusions before the courts and other
judicial bodies, except for international arbitration.
In SE (with respect also to most-favoured-nation treatment): EEA or Swiss residency is required for admission to the Bar and use of the title of "advokat". Exemptions may be granted by the board of the Swedish Bar Association. Without prejudice to the EU reservation above, admission to the Bar is not necessary for the practice of Swedish domestic law. A member of the Swedish Bar Association may not be employed by anyone other than a Bar member or a company conducting the business of a Bar member. However, a Bar member may be employed by a foreign company conducting the business of an advocate, provided that the company in question is domiciled in a country within the Union, the EEA or Switzerland. Subject to an exemption from the Board of the Swedish Bar Association, a member of the
Swedish Bar Association may also be employed by a non-Union law firm.
EU/NZ/Annex 10-A/en 47
Bar members conducting their practice in the form of a company or a partnership may not have any other objective and may not carry out any other business than the practice of an advocate. Collaboration with other advocate businesses is permitted; however, collaboration with foreign businesses requires permission by the Board of the Swedish Bar Association. Only a Bar member may directly or indirectly, or through a company, practise as an advocate, own shares in the company or be a partner. Only a Bar member may be a member or deputy member of the Board or deputy managing director, or an authorised signatory or secretary of a company or partnership.
In SI (with respect also to most-favoured-nation treatment): Representing clients before a court against payment is conditioned by commercial presence in the Republic of Slovenia. A foreign lawyer who has the right to practice law in a foreign country may perform legal services or practice law under the conditions laid down in Article 34a of the Attorneys Act,
provided the condition of actual reciprocity is fulfilled.
Without prejudice to the EU reservation on non-discriminatory legal form requirements, commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firms with limited liability (partnership) or to law firms with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the ptactice of law. Only attorneys may be partners in a law firm.
EU/NZ/Annex 10-A/en 48
In SK (with respect also to most-favoured-nation treatment): EEA nationality as well as residency (commercial presence) in the Slovak Republic is required for the practice of legal services in respect of domestic law, including representation before courts. For non-Union lawyers actual reciprocity is required.
Measures:
EU: Article 120 of Regulation (EU) 2017/1001 of the European Parliament and of the
Council};
78. Of Council Regulation (EC) No 6/2002 of 12 December 2001?.
AT: Rechtsanwaltsordnung (Lawyers Act) -â RAO, RGBI. Nr. 96/1868, Articles 1 and 21c.; Rechtsanwaltsgesetz â EIRAG, BGBI. Nr. 27/2000 as amended; § 41 EIRAG.
BE: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.
BG: Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.
CY: Advocates Law (Chapter 2), as amended.
CZ: Act No. 85/1996 Coll., the Legal Profession Act.
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ EU L 154, 16.6.2017, p. 1).
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
(OJ EU L 3, 5.1.2002, p. 1).
EU/NZ/Annex 10-A/en 49
DE: Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);
Gesetz iiber die Tatigkeit europaischer Rechtsanwiilte in Deutschland (EuRAG); and
§ 10 Rechtsdienstleistungsgesetz (RDG).
DK: Retsplejeloven (Administration of Justice Act) chapters 12 and 13 (Consolidated Act No. 1284 of 14 November 2018).
EE: Advokatuuriseadus (Bar Association Act);
Tsiviilkohtumenetluse seadustik (Code of Civil Procedure);
halduskohtumenetluse seadustik (Code of Administrative Court Procedure);
kriminaalmenetluse seadustik (Code of Criminal Procedure); and
vaiirteomenetluse seadustik (Code of Misdemeanour Procedure).
EL: New Lawyersâ Code n. 4194/2013.
ES: Real Decreto 135/2021, de 2 de marzo, por el que se aprueba el Estatuto General de la Abogacfa Espafiola, Article 9.1.a.
EU/NZ/Annex 10-A/en 50
FI: Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3; and Oikeudenkiymiskaari (4/1734) (Code of Judicial Procedure).
FR: Loi 71-1130 du 31 décembre 1971, Loi 90- 1259 du 31 décembre 1990 and Ordonnance du 10 septembre 1817 modifiée.
HR: Legal Profession Act (OG 9/94, 117/08, 75/09, 18/11).
HU: Act LXXVIII of 2017 on the professional activities of attorneys-at-law.
LT: Law on the Bar of the Republic of Lithuania of 18 March 2004 No. [X-2066 as last amended on 12 December 2017 by law No XHI-571.
LU: Loi du 16 décembre 2011 modifiant la loi du 10 aodt 1991 sur la profession d'avocat.
LV: Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.
MT: Code of Organisation and Civil Procedure (Cap. 12).
NL: Advocatenwet (Act on Advocates).
EU/NZ/Annex 10-A/en 51
PT: Law 145/2015, 9 set., alterada p/ Lei 23/2020, 6 jul. (art.° 194 substitufdo p/ art.° 201.°; e art.° 203.° substitufdo p/ art.° 213.°);
Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, Articles 5, 7 â 9; Decree-law 88/2003, Articles 77 and 102; Solicitadores Public Professional Association Statute (Estatuto da Camara dos Solicitadores), as amended by Law 49/2004, mas alterada p/ Lei 154/2015, 14 set; by Law 14/2006 and by Decree-Law n.° 226/2008 alterado p/ Lei 41/2013, 26 jun; and
Law 78/2001, Articles 31, 4 Alterada p/ Lei 54/2013, 31 jul.; Regulation of family and labour mediation (Ordinance 282/2010), alterada p/ Portaria 283/2018, 19 out; Law 21/2007 on criminal mediation, Article 12; Law 22/2013, 26 fev., alterada p/ Lei 17/2017, 16 maio, alterada pelo Decreto-Lei 52/2019, 17 abril.
RO: Attorney Law; Law for Mediation; and Law for the Notaries and the Notarial Activity. SE: Rattegangsbalken (The Swedish Code of Judicial Procedure) (1942:740); and
Swedish Bar Association Code of Conduct adopted 29 August 2008.
SL Zakon o odvetnistvu (Neuradno pretisteno besedilo-ZOdv-NPB8 Drzavnega Zbora RS
z dne 7 junij 2019 (Attorneys Act) unofficial consolidated text prepared by the Slovenian
parliament from 7 June 2019).
SK: Act 586/2003 on Advocacy, Articles 2 and 12.
EU/NZ/Annex 10-A/en 52
With respect to Investment liberalisation â Market access, National treatment:
In PL: Foreign lawyers may establish only in the form of a registered partnership, a limited partnership or a limited joint-stock partnership.
Measures:
PL: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of Poland, Article 19; The Law on Tax Advisory.
With respect to Cross-border trade in services â Local presence:
In IE, IT: Residency (commercial presence) is required for the practice of legal services in
respect of domestic (Union and Member State) law, including representation before courts.
Measures:
TE: Solicitors Acts 1954-2011.
IT: Royal Decree 1578/1933, Article 17 law on the legal profession.
EU/NZ/Annex 10-A/en 53
(b)
Patent agents, industrial property agents, intellectual property attorneys (part of CPC 879, 861, 8613)
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Local presence:
In DE: Only patent lawyers having EEA or Swiss qualifications may be admitted to the Bar and are thus entitled to provide patent agent services in Germany in domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the Bar association. Foreign patent lawyers may offer legal services in foreign law when they prove expert knowledge. Registration is required to provide legal services in Germany. Foreign (other than EEA and Swiss qualification) patent lawyers may not establish a firm together with national patent lawyers.
Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only
in the form of a Patentanwalts-GmbH or Patentanwalt-AG by acquiring a minority share.
EU/NZ/Annex 10-A/en 54
As of 1 August 2022, a professional company may only become shareholder in a German patent law firm if such professional company is admitted to the German Patent Chamber and takes one of the legal forms listed in Article 52b of the Patent Attorney Regulation. Foreign patent law firms may provide services if they have been admitted to the German Patent Chamber. Such admission requires qualification of a shareholder as a lawyer, tax accountant, auditor or patent attorney and in case of branches a manager with power of agency in
Germany.
In FR: To be registered on the industrial property agent services list, establishment or residency in the EEA is required. EEA nationality is required for natural persons. To represent a client in front of the national intellectual property office, establishment in the EEA is required. Provision of services may only be conducted through "société civile professionnelle" (SCP), "société d'exercice liberal" (SEL) or any other legal form, under certain conditions. Irrespective of the legal form, more than half of shares and voting rights must be held by EEA professionals. Law firms may be entitled to provide industrial property
agent services (see reservation for legal services).
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment, Local presence:
In AT: EEA or Swiss nationality is required for the practice of patent agency services,
residency is required.
EU/NZ/Annex 10-A/en 55
In BG and CY: EEA or Swiss nationality is required for the practice of patent agency
services. In CY, residency is required.
In EE: Estonian or Union nationality as well as permanent residency is required for the
ptactice of patent agency services.
In ES: Establishment in a Member State, commercial presence, as well as permanent
residency, are required for the practice of patent agency services.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â National treatment:
In PT: EEA nationality is required for the practice of industrial property agent services.
In LV: Union nationality is required for patent attorneys.
With respect to Cross-border trade in services â Local presence:
In FI and HU: EEA residency is required for the practice of patent agency services.
In SE Residency in Slovenia is required for a holder or applicant of registered rights (patents,
trademarks, design protection). Alternatively, a patent agent or a trademark and design agent
registered in Slovenia is required for the main purpose of providing services such as process
and notification.
EU/NZ/Annex 10-A/en 56
Measures:
AT: Patent Attorney Act, BGBI. 214/1967 as amended, §§ 2 and 16a.
BG: Chapter 8b of the Act on Patents and Registration of Utility Models.
CY: Advocates Law (Chapter 2), as amended.
DE: Patentanwaltsordnung (PAO). Gesetz tiber die Tatigkeit europaischer Patentanwiilte in Deutschland (EuPAG) and § 10 Rechtsdienstleistungsgesetz (RDG).
EE: Patendivoliniku seadus (Patent Agents Act) § 2, § 14.
ES: Ley 24/2015, de 24 de julio, de Patentes, Articles 175, 176 and 177. Ley 17/2009, de 23 de noviembre, sobre el libre acceso a las actividades de servicios y su ejercicio, Article 3.2.
FI: Tavaramerkkilaki (Trademarks Act) (7/1964);
Laki auktorisoiduista teollisoikeusasiamiehista (Act on Authorised Industrial Property Attorneys) (22/2014);
Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and
Mallioikeuslaki (Registered Designs Act) 221/1971.
EU/NZ/Annex 10-A/en 57
FR: Code de la propriété intellectuelle.
HU: Act XXXII of 1995 on Patent Attorneys.
LV: The Law on Industrial Property Institutions and Procedures Chapter XVIII (Articles 119-136).
PT: Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and by Portaria 239/2013; and Law 9/2009.
SL Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, St. 51/06 â uradno pregisteno besedilo in 100/13 and 23/20 (Official Gazette of the Republic of Slovenia, No. 51/06 â official consolidated text 100/13 and 23/20).
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment, Local presence:
In IE: For establishment, at least one of the directors, partners, managers or employees of a company must be registered as a patent or intellectual property attorney in Ireland. Providing services on a Cross-border basis requires EEA nationality and commercial presence, the principal place of business to be in an Member State of the EEA, and qualification under the law of an Member State of the EEA.
EU/NZ/Annex 10-A/en 58
(c)