Legal privilege for tax advice after the CJEU rulings episode artwork

EPISODE · Nov 18, 2024 · 17 MIN

Legal privilege for tax advice after the CJEU rulings

from A&O Shearman Europe insights · host A&O Shearman

Does legal professional privilege protect tax advice in the EU? The answer, until recently, depended entirely on where you practiced. A landmark ruling from the Court of Justice of the EU (CJEU) has changed that calculation for Luxembourg and, potentially, beyond.  A&O Shearman specialists who acted in the case examine the ruling in detail. The case arose from an order requiring a Luxembourg law firm to disclose information and documents in response to a cross-border information request from another EU member state. The CJEU found that the order interfered with the right to respect communications between a lawyer and their client, as protected under the EU Charter of Fundamental Rights and the European Convention on Human Rights. It also found that Luxembourg's existing rules, which excluded tax advice from the scope of legal privilege, constituted an unjustified interference with those rights.   What does this ruling mean in practical terms for law firms advising on tax across the EU? How should privilege policies be reviewed in light of this decision? And which jurisdictions are now most exposed? 

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