WHEN LEGAL ADVICE IS NOT LOBBYING

Legal advice is excluded from the definition of lobbying, as stated in the first part of Article 10 of the Inter Institutional Agreement (IIA)

1. Legal Advice not intended to influence the EU institutions or legislative process

Legal advice is not lobbying when the intended recipient of the advice is the client. Legal advice includes:

• Advisory work to better inform clients about a general situation or about their legal position
• Contacts with public bodies to better inform clients about a general legal situation or about their legal position
• Advice to clients as to whether or not a particular legal or administrative step is appropriate or admissible under the existing legal and regulatory environment
• Carrying out analyses and studies that are prepared for clients on the potential impact of any legislative or regulatory changes, with regard to their position or field of activity.

Legal representation in the context of a conciliation or mediation procedure aimed at preventing a matter being brought before a judicial or administrative body does not fall within the scope of the Register.

Also excluded from the scope of the Register are activities concerning legal and professional advice in relation to the exercise of the fundamental right to a fair trial of a client, including the right to a defence in administrative proceedings.

2. Representation in ongoing legal and administrative procedures

Representing clients in ongoing legal and administartive procedures that is not aimed at changing the existing legal framework is not covered by the Register. Such work often includes contacts with various EU institutions and organizations which are not necessarily directly involved in a particular case, yet contacting them brings an additional perspective and information which allows a lawyer to represent clients to the best of his/her ability. Examples include:

• Legal work conducted by the law firm in relation to a competition case
• Legal work conducted by the law firm in relation to litigation before a court and/or tribunal or arbitration, including the European courts
• Activities aimed at ensuring the protection of a client's interest through international judicial and quasi-judicial forums, such as WTO dispute resolution when the EU is concerned
• Representing the clients as an interested third-party complainannt and not necessarily formally related to the case

The defence rights may extend to certain other administarive proceedings, as has been noted in the case law of the European Court of Justice. Legal advice and representation in relation to activities, such as the following may be justifiably excluded from falling within the scope of the Register:

• Representation of a complainant, directly affected third-party or the (potential) addressee of a decision in relation to the application of trade defence mechanisms, such as anti-dumping and anti-subsidy rules or compliants under the Trade Barriers Regulation or any legislative measure of the EU.
• Representation of a client in relation to administrative proceedings conducted by one or more of the EU institutions
• Assistance concerning tenders for the award by the EU institutions adn bodies of contracts for works or services, including research and studies.
• Matters concerning the granting of individual intellectual property rights, such as patents, trademarks, design rights
• Complaints made on behalf of a client to the EU institutions
• Any other administrative matter where the purpose of the lawyer's activities is to protect the legal and procedural rights of the client.

3. Representation before (potential) legal and administrative procedure (pre-litigation)

Informal attempts to resolve an issue with the EU institutions on  behalf of a client should not be considered to come within the scope of the Register if there is a reasonable prospect that such activities may lead to proceedings before any of the following:

• A court
• International judicial or quasi-judicial forum
• Through alternative dispute resolution

4. Responses to requests for information made by the EU institutions

Responding to a direct and individual request by any of the EU institutions or a member of the European Parliament does not constitute influencing (Article 12 of the IIA)

5. Requesting information or documents from the EU institutions

Access to documents requests made to any of the European institutions are excluded from the scope of the Register. The exclusion extends to activities related to:

• Subsequent complaints to the European Ombudsman
• Actions brought before the European courts