Overview

On 29 April 2010, the Advocate General Kokott rendered her opinion on the scope of legal professional privilege in the European Union, suggesting that, insofar as EU antitrust investigations are concerned, communications with in-house lawyers should not be legally privileged. The European Court of Justice is not bound by the AG’s opinion, only informed by it. However, it is worth noting that AG Kokott is one of the most senior and highly respected AGs in the College of the judges.

AG Kokott’s opinion was delivered in the context of an appeal brought by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd (the “Appellants”) against a judgment of the General Court (formerly known as Court of First Instance) rejecting the Appellants’ claim that internal correspondence between the general manager and the in-house lawyer of the Akzo Nobel group was legally privileged and as such not discoverable by Commission officials.

The issues raised in this appeal have triggered strong feelings in the international business and legal communities.

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