15.9.2014

EN

Official Journal of the European Union

C 315/9

Judgment of the Court (Grand Chamber) of 17 July 2014 (requests for a preliminary ruling from the Consiglio Nazionale Forense –Italy) — Angelo Alberto Torresi (C-58/13), Pierfrancesco Torresi (C-59/13) v Consiglio dell’Ordine degli Avvocati di Macerata

(Joined Cases C-58/13 and C-59/13) ( 1 )

((Reference for a preliminary ruling - Freedom of movement for persons - Access to the profession of lawyer - Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State - Abuse of rights))

2014/C 315/12

Language of the case: Italian

Referring court

Consiglio Nazionale Forense

Parties to the main proceedings

Applicants: Angelo Alberto Torresi (C-58/13), Pierfrancesco Torresi (C-59/13)

Defendant: Consiglio dell’Ordine degli Avvocati di Macerata

Operative part of the judgment

1.Article 3 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained must be interpreted as meaning that no abuse can be identified in the fact that a national of a Member State who after successfully obtaining a university degree travels to another Member State in order to acquire there the professional qualification of lawyer and returns to the Member State of which he is a national in order to practise there the profession of lawyer under the professional title obtained in the Member State where that professional qualification was acquired;

2.Examination of the second question referred has disclosed nothing capable of affecting the validity of Article 3 of Directive 98/5.

( 1 ) OJ C 147, 25.5.2013 .