16 avr. 2011

ECJ allowed accountants (& attorneys?) to contact directly a potential client in order to propose their services (démarchage).

In case Société fiduciaire nationale d’expertise comptable, C-119/09, the Grand Chamber of the ECJ interpreted that the prohibition for accounting experts (and by extension, for attorneys) to address potential clients directly in order to propose their services is incompatible with the freedom of commercial communication (Article 24 of the directive 2006/123 on commercial communication of regulated professions).

The ECJ interpreted that such a total prohibition is incompatible with this kind of freedom even if it is necessary to guarantee the independence of the profession, is non-discriminatory, proportional, and based on public interest (§§ 44-45).

3 EU States, and the Commission submitted their observations. The ECJ rejected the opinion of the Advocate General, which happens very rarely.

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