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Lower court wrongly ruled law firm partner lacked independence: EU court opinion

( February 27, 2025, 10:08 GMT | Official Statement) -- MLex Summary: EU courts must ensure that restrictions on law firm representation are justified and do not unduly presume a lack of independence, according to the opinion of the EU Court of Justice Advocate General Richard de la Tour. De la Tour argued that the EU General Court erred in its ruling in a dispute between Italian law firm Studio Legale Ughi e Nunziante and the EU Intellectual Property Office. He argued that the General Court wrongly presumed a lack of independence on the part of a partner representing the firm, without establishing that their status compromised their ability to act effectively. The Advocate General recommends that the Court of Justice set aside the General Court's order and refer the case back to the General Court for a full ruling on the dispute. He argues that the Court of Justice lacks the necessary elements to issue a final judgment itself, as the merits of the case were not fully assessed in the initial proceedings.See court document attached. Case number is C-776/22....

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