Which of the following measures is in breach of Directive 98/5/EC on the right of establishment for lawyers who have obtained professional qualifications in the home Member State and wish to practice their profession on a permanent basis in any other Member State?
A) A requirement imposed on a lawyer to take a linguistic test proving that he/she is fluent in the official language/s of a host Member State as a pre-condition of registration with the competent authorities of the host Member State.
B) A requirement imposed on a lawyer to effectively and regularly pursue his/her practice in the law of the host Member State for three years if he/she wishes to use the title which is used by lawyers who obtained their professional qualifications in the host Member State title.
C) A requirement that a lawyer use the professional title which he has obtained in his home Member State.

Question

Quizplus · Accepted Answer

Directive 98/5/EC prohibits any requirement to take a linguistic test as a pre-condition of registration with the competent authorities of the host Member State. Such a requirement would be in breach of the right of establishment for lawyers. The Directive also prohibits the requirement to pursue one's practice in the law of the host Member State for a certain period of time as a condition for using the title which is used by lawyers who obtained their professional qualifications in the host Member State. However, the use of the professional title obtained in the home Member State is allowed.

Which of the Following Measures Is in Breach of Directive