French lawyer did not have a right of audience before the High Court

Case no. 36/2018
Order made on 10 August 2018

A
vs.
B

The case concerned whether a French lawyer (avocat) who had a right of audience before French courts of appeal had a right of audience before the High Court, although he had not passed the test for being admitted to the High Court.

The Supreme Court held that there was no basis for derogating from the rule that the right of audience before the High Court is only granted to lawyers who have passed the test stipulated in Section 133 of the Danish Administration of Justice Act. The Supreme Court noted that requiring that a test must be passed to be admitted to the High Court did not restrict EU lawyers’ access to practising law in Denmark in a way that is disproportionate to the legitimate aim justifying the requirement, which is ensuring that clients are represented by a qualified lawyer.

The High Court had reached the same conclusion.