General Court of the European Union upholds ban on legal advice to Russian organisations

The General Court of the European Union ruled on 2 October 2024 that it is not contrary to EU law to prohibit the provision of legal advice to Russian organisations.

In the wake of the war between Russia and Ukraine, the European Union has imposed a number of sanctions on the Russian Federation. This included Council Regulation 2023/427, which narrowed the scope of legal advice. The Regulation prohibits persons who are authorised to provide legal advice under the law of a Member State from providing such services to the government of Russia, to bodies or entities based in Russia.

Several Member State Bar Associations have appealed to the European Court of Justice to annul the provision in question, which is considered by the applicant a serious infringement of fundamental rights.

The General Court rejected the application for annulment. In its judgment, it pointed out that the prohibition is not in itself contrary to EU law. It stressed that the prohibition does not apply to court proceedings, i.e. it only covers cases where legal advice is given outside court proceedings. Furthermore, legal advice given to natural persons is also not covered by the prohibition.