Summary title: Petition 0586/2020 by Enrique Herrera Aguilar (Spanish) on non-compliance of the Spanish legislation on court procurators (Procuradores de los Tribunales) with Directive 2006/123/EC on services in the internal market
Petition number: 0586/2020
Name: Enrique Herrera Aguilar
The petitioner points out that, as a lawyer in Spain, he can practise his profession in all EU Member States and all EU lawyers can practice the profession of lawyer in Spain. However, the professional activity of representation in proceedings is exclusively, as a general rule, reserved for procurators (Procuradores de los Tribunales) so that those who are lawyers in an EU Member State cannot exercise this profession in Spain. The petitioner complains in turn that he cannot practice as a lawyer in the EU if he acts as a procurator in Spain. The Spanish Parliament passed a law in October 2009, one month before transposing Directive 2006/123/EC on services in the internal market, which establishes an incompatibility in the exercise of the professions of lawyer and procurator, which runs counter to that Directive.