How The Belgacom Ruling Will Impact Atty Privilege In EU
Law360, New York (March 25, 2013, 10:48 AM EDT) -- The Brussels Court of Appeal held that communications between a company (Belgacom Group) and its in-house counsel were entitled to the protection of the attorney-client privilege under Belgian law, and therefore were not subject to production to the Belgian Competition Authority ("BCA"), which had obtained them in a dawn raid.
Why It Matters
The Belgian Court declined to follow the Akzo ruling of the European Court of Justice, which generally precludes in-house counsel from asserting privilege in the context of European proceedings. The decision represents an important rebuke to Akzo's presumption that in-house counsels are insufficiently independent to enjoy the attorney-client...
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