Court of Justice 16 September 2020, C-218/19 (Adina Onofrei v Conseil de l’ordre des avocats au barreau de Paris and Others.)

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Advocate General Bobek opines that Articles 45 and 49 TFEU preclude the application of Article 98(4) of Decree No 91-1197, which conditions an exemption from mandatory professional training and the certificate of competence (certificat d'aptitude à la profession d'avocat) for admission to the French bar on three cumulative requirements—membership of the French civil service, territoriality of professional experience, and practice of French law—to the extent those conditions automatically exclude members of the EU civil service from eligibility without permitting an in concreto assessment of their relevant legal practice. The AG further opines that the conditions, as applied in practice, constitute indirect discrimination on grounds of nationality and an obstacle to free movement, since they intrinsically disadvantage non-French nationals and cannot be justified as proportionate to the legitimate aim of protecting litigants and ensuring sound administration of justice. In any event, the AG considers that Articles 45 and 49 TFEU preclude making access to a regulated profession subject to conditions that lack consistent, foreseeable, and accessible criteria applicable equally to all candidates.AI