No Privilege for In-House Counsel Communications in Europe’s High Court
Lawyers for the Profession® Alert
Lawyers for the Profession® Alert | 1 min read
Oct 14, 2010
Akzo Nobel Chemicals and Akcros Chemicals v. Commission, Case C-550/07 P (2010)
Brief Summary
The European Union’s high court, the Court of Justice, held that a corporate client’s communications with its in-house lawyers were not privileged because such lawyers are not independent from their clients.
Complete Summary
The Court of Justice addressed the issue of whether the legal professional privilege (LPP)—Europe’s version of the attorney-client privilege—applied to communications with in-house counsel. The LPP protects lawyer-client communications which involve an attorney who is independent from the client. The independence requirement is designed to ensure that the lawyer’s role in collaborating in the administration of justice is not overridden by the attorney’s role in advancing the client’s interests.
The Court held that independence under the LPP requires the absence of an employment relationship between lawyer and client. The Court noted that, “an in-house lawyer is less able to deal effectively with any conflicts between his professional obligations and the aims of his client.”
This holding was not precluded, the Court noted, by the principle of equal treatment, which prohibits comparable situations from being treated differently and different situations from being treated in the same way. The Court held that, despite being subject to the same ethical rules as outside counsel, in-house lawyers are in a different situation based on, inter alia, their financial dependence on their employers.
Significance of Opinion
This holding may encourage corporations that do business in Europe to utilize outside counsel when seeking candid legal advice. Notably, this decision applies to European Union courts, but not to the courts of the Union’s member states. The member states do not have uniform LPP rules, and some states treat communications with in-house lawyers as privileged.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.
Related Capabilities
Featured Insights

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers



