Mon. Aug 26th, 2024
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Schlussanträge des Generalanwalts am EU-Gerichtshof in der Rechtssache C‑295/23 Halmer Rechtsanwaltsgesellschaft
04 July
Donnerstag, 4. Juli 2024
Schlussanträge des Generalanwalts am Gerichtshof in der Rechtssache C‑295/23 Halmer Rechtsanwaltsgesellschaft
Beteiligung an Rechtsanwaltsgesellschaft
In Deutschland kann ein Geschäftsanteil an einer Rechtsanwaltsgesellschaft nur durch einen Rechtsanwalt oder einen gleichgestellten Berufsträger erworben werden.
2021 veräußerte der alleinige Gesellschafter der deutschen Halmer Rechtsanwaltsgesellschaft 51 % ihrer Geschäftsanteile an eine GmbH österreichischen Rechts. Letztere ist nicht zur Anwaltschaft zugelassen. Daraufhin widerrief die Rechtsanwaltskammer München die Zulassung der Halmer Rechtsanwaltsgesellschaft.
Hiergegen erhob die Rechtsanwaltsgesellschaft Klage vor dem Bayerischen Anwaltsgerichtshof. Sie macht geltend, dass der Widerruf der Zulassung zwar mit den geltenden deutschen Rechtsvorschriften in Einklang stehe, diese seien jedoch unionsrechtswidrig. Der Widerruf der Zulassung verletze ihr Recht auf freien Kapitalverkehr sowie auf Dienstleistungs- und Niederlassungsfreiheit.
Der Bayerische Anwaltsgerichtshof hat den EuGH hierzu um Vorabentscheidung ersucht.
Generalanwalt Campos Sánchez-Bordona legt heute seine Schlussanträge vor.
Details
- Date:
- 04 July
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑295/23, Halmer Rechtsanwaltsgesellschaft
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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