Advocate General Kokott delivered her Opinion in Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v European Commission (Case C-550/07P) on 29 April 2010. She found that legal professional privilege, (which protects communications between lawyers and their clients), does not extend to internal company or group communications with an in-house lawyer in European Commission investigations. The Advocate General’s Opinion is not binding on the ECJ, however such Opinions are generally followed. The judgment of the ECJ will be given at a later date.
We are preparing a detailed analysis of this judgment which will be circulated as soon as possible.