Thursday, 26 November 2009

Representation before the Community courts

Case C‑59/09 P is an appeal to the Court of justice of the European Community by Hasbro against what it argued was a decision of the CFI refusing to allow it to be represented in other proceedings before the court by a Trade Mark and Design Litigator. The court reckoned that the letter saying that Hasbro could not be so represented was not a decision which could be the subject of an appeal, within the meaning of Article 56 of the statute of the Court of Justice. It does not decide that a Trade Mark and Design Litigator cannot represent a client at a hearing (though I suppose that in practice because the original decision stands that is the practical effect of it), nor does it address the underlying question of whether such a person is a lawyer within the meaning of Article 19.

Jonathan Goldsmith has written about the decision recently on the Law Society Gazette blog (here) and incurred the wrath of my old friend (I mean longstanding) Tibor Gold. I find my self with no strong views about this, but don't get me started on the use of the title "atorney" ...

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