Übersetzung für "Legal privilege" in Deutsch

The proposed amendments propose extending the principle of legal privilege to include in-house counsel.

Is the Commission considering taking any action to allow in-house lawyers in all Member States legal privilege?

Privilege – Legal principle according to which a party can refuse to produce evidence, such as documents.

The Commission also has objections to Amendments Nos 3 and 4 concerning the principle of legal privilege for in-house counsel.

The Commission's wide-ranging consultation in connection with its Green Paper did not include the question of legal privilege for in-house counsel.

If any changes need to be made to the principle of legal privilege, it should be done in this framework.

Thirdly, we do not believe that now is the time to resolve the question of legal privilege for in-house counsel.

Internal investigations by the Office are also subject to Article 6(2) of the Treaty on European Union and to other principles and fundamental rights common to the Member States and recognised by the Court of Justice, such as, for instance, the confidentiality of legal advice (legal privilege).

That means that lawyers, accountants and tax advisers must, outside a strict definition of legal privilege, report transactions that are suspicious, in other words, that they have reason to believe their client is involved in money laundering.

Ditta was arrested later but denied using cocaine and and said he had been speaking to the suspected dealer because he was his client and argued their discussions were subject to "legal privilege."

It should not be ignored either that, in certain cases, the reporting obligation would not be enforceable upon an intermediary due to a legal professional privilege or where there is no intermediary because, for instance, the taxpayer designs and implements a scheme in-house.

Each Member State may take the necessary measures to give intermediaries the right to a waiver from filing information on a reportable cross-border arrangement where the reporting obligation would breach the legal professional privilege under the national law of that Member State.

As the novel approach put forward by the parties in regard to the scope of legal privilege has not been confirmed by the Courts, the Commission continues to handle inspections as before on the basis of the established case law72, which in the Commission’s view remains valid and appropriate.

The Committee therefore advises the Commission against making any changes in the area of merger control, recommending that explicit recognition of the ban on self-incrimination and other rights of defence enjoyed by businesses, such as legal privilege for external and internal lawyers, be written into the text of the regulation.

Where an undertaking abuses claims of legal professional privilege, the “Court would point out that the Commission has the means, where appropriate, to discourage and penalise such conduct.

The hearing officer should also be attributed with specific functions during this investigative phase in relation to claims for legal professional privilege, the privilege against self-incrimination, deadlines for replying to decisions requesting information pursuant to Article 18(3) of Chapter II of Protocol 4 to the Surveillance and Court Agreement, as well as with regard to the right of undertakings and associations of undertakings subject to an investigative measure by the Authority under Chapter II of Protocol 4 to the Surveillance and Court Agreement to be informed of their procedural status, namely whether they are subject to an investigation and, if so, the subject matter and purpose of that investigation.

The hearing officer may only review the matter if the undertaking or association of undertakings making the claim consent to the hearing officer viewing the information claimed to be covered by legal professional privilege as well as related documents that the hearing officer considers necessary for his or her review.

The issues involved in this ongoing dispute – the main case was still pending at the end of 2004 - are the scope and the beneficiaries of legal privilege.

Such discussions included, inter alia, the revision of the Commission’s notice on access to the file, adapting the rules on statements under the Commission’s leniency programme to the discovery rules of foreign jurisdictions whilst respecting the right to access to the file, and the Hearing Officers’ role as potential mediators in disputes between DG Competition and companies over whether a document is covered by legal privilege.

In terms of procedure, the Court rules that undertakings do not have to disclose documents that are protected by legal professional privilege until (i) the Commission has decided that the document must be disclosed and (ii) the time-limit for appealing this decision before the Court has lapsed.

Legal profession privilege is a fundamental principle of Union law, protecting the confidentiality of communications between natural or legal persons and their advisors, in accordance with the conditions laid down in the case-law of the Court of Justice of the European Union (CJEU).