The Belgian Conseil d'Etat asked the European Court of Justice (ECJ) whether the legal profession of avocat was wholly exempt under the Art 51 TFEU official authority exception, given that part of the business was concerned with exercise of official authority.

The Luxembourg government also argued that the whole profession should be exempt, given that it was "connected organically" to the public administration of justice.

If specific activities involving exercise of official authority are severable from the rest of a profession, then Article 51 cannot apply to exempt the whole lot.

26 In laying down that freedom of establishment shall be attained at the end of the transitional period, article 52 thus imposes an obligation to attain a precise result, the fulfilment of which had to be made easier by, but not made dependent on, the implementation of a programme of progressive measures.

[...] 52 The most typical activities of the profession of avocat, in particular, such as consultation and legal assistance and also representation of the defence of parties in court, even when the intervention or assistance of the avocat is compulsory or is a legal monopoly, cannot be considered as connected with the exercise of official authority.