Luxembourg, 20/12/2006 (Agence Europe) - Advocate General Miguel Poiares Maduro presented, on 14 December, his conclusions in the case C-305/05. He concluded that Belgian lawyers may be under an obligation to provide certain information on clients to authorities upon request, under the directive on money laundering (2005/60/EC of 26 October 2005). Several Belgian Ordres des Barreaux had taken up the matter at the Council of State against the Council of Ministers, arguing that this application of the directive was in breach of client/lawyer privilege as, in certain circumstances, this may compromise the “right to an effective remedy and to a fair trial” (Article 47 of the Charter of Fundamental Rights of the European Union).
The Belgian Cour d'arbitrage therefore put it to the EU Court of Justice to ascertain whether imposing an obligation on lawyers to inform the authorities responsible of any fact which might be an indication of money laundering was in line with Community law and the fundamental principles that it protects.
Although it follows the conclusions reached by Mr Poiares Maduro, the Court's response will stipulate that this obligation does indeed apply to lawyers except when it is a matter of representation and of legal counselling by lawyers. Lawyers' services will be the most affected by such an interpretation. The legal responsibility imposed on lawyers under this directive could prevent them from listening to their clients in all conscience and therefore, as some believe, prevent them providing the best possible service. (cd)