Rechtsdienstleistungen aufgrund besonderer Sachkunde Registrierung

Under what circumstances may persons or companies of other EU member states or contracting states of the Agreement on the European Economic Area provide temporary legal services in the Federal Republic of Germany?

Persons or companies of other EU member states or contracting states to the Agreement on the European Economic Area may, after submitting a notification, provide so-called temporary legal services in the territory of the Federal Republic of Germany if they are entitled to exercise a profession referred to in § 10 para. 1 RDG in the state of their establishment.

• Please use the forms provided under www.rechtsdienstleistungsregister.de . The report must be addressed to the President of the Brandenburg Higher Regional Court, Gertrud-Piter-Platz 11, 14770 Brandenburg.

In addition to the notification, the following documents must be submitted (§ 15 para. 2 RDG):

(a) a certificate of legal establishment in a Member State for the pursuit of the profession for which temporary registration is requested;

(b) alternatively, where the profession is not regulated in the Member State, proof of at least two years' pursuit of the profession during the previous ten years;

(c) information on the existence or non-existence and extent of professional indemnity insurance or other individual or collective protection with regard to professional liability;

(d) indication of the professional title under which the activity is pursued in the State of establishment.

The notification must be submitted in writing. The supporting documents to be attached must be submitted in the original. If the aforementioned documents are not available in German, a translation prepared by an authorised translator must be attached. There is no provision for submission of the notification in electronic form.

Requirements for registration (§ 15 RDG):

1. Notification to the competent licensing authority (Brandenburgisches Oberlandesgericht) § 15 Abs. 2 RDG;
2. The person or company must come from a Member State of the European Union or another State party to the Agreement on the European Economic Area;
3. the person or company must be lawfully established abroad for the exercise of one of the professions referred to in Paragraph 10(1) of the RDG or a comparable profession;
4. during the period of notification, the activity must not have been prohibited by foreign authorities;
5. the exercise in the Federal Republic of Germany is occasional or temporary;
6. the activity must have been pursued in the State of establishment for at least 2 years within the previous ten years, if the profession is not regulated in the State of establishment.

A regulated profession is a professional activity or group of professional activities in which access to or pursuit or one of the modes of pursuit is linked, directly or indirectly, by legislative, regulatory or administrative provisions, to the possession of certain professional qualifications. One way of exercising is in particular the use of a professional title which is restricted by law or administrative provisions to persons who have a specific professional qualification (Art. 3 para. 1 a Directive 2005/36/EC of the European Parliament and of the Council of 07.09.2005 on the recognition of professional qualifications).

The procedure is free of charge (§ 15 para. 3 sentence 2 RDG).

After notification and submission of all required documents, the examination and registration in the Legal Services Register takes place; or, in the absence of admission requirements, the examination of the prohibition of the activity.

The processing time depends on the completeness of the documents provided.

Registration in the Legal Services Register is not constitutive. The start of the activity can already take place with the complete notification to the competent authority. Registration is only for one year (§ 15 para. 2 sentence 3 RDG). If a repeat report is made, the registration will be extended by one year. If a repeat report is omitted, the announcement will be deleted from the Legal Services Register (§ 17 para. 1 no. 6 RDG).

Registration for temporary legal services in the field of pension advice (§ 15 RDG in conjunction with § 10 para. 1 no. 2 RDG) does not fall within the jurisdiction of the Brandenburg Higher Regional Court. In this respect, the competent authority is the President of the Higher Social Court of Berlin-Brandenburg.

Persons or companies of other EU member states or contracting states of the Agreement on the European Economic Area may provide so-called temporary legal services on the territory of the Federal Republic of Germany after submitting a notification.

Brandenburg
Regional appeal court
Gertrud-Piter-Platz 11
14770 Brandenburg an der Havel, Germany
Phone: 03381 39 - 90
Fax: 03381 39 - 9350
Fax: 03381 39 - 9360
E-Mail: Verwaltung@olg.brandenburg.de

Application forms are available at www.rechtsdienstleistungsregister.de .