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The AM & S Case | 1982 E.C.R. 1575 (1982)
The nineteen fifty seven Treaty of Rome that formed the European Economic Community codified some community laws, but it inevitably didn’t manage to address every potential topic. This meant the European Court of Justice sometimes had to look at other sources of law to come up with guidelines that would work for all member states, as it did with attorney client privilege in The A M and S Case.
Officials from the Commission of the European Communities were investigating Australian Mining and Smelting Europe, or A M and S, on suspicion that the company had breached the Treaty of Rome’s competition regulations.
A M and S refused to let the officials inspect certain documents, claiming that they were confidential under the attorney client privilege.
The commission ruled that A M and S had to turn over the documents.
A M and S sued the commission in the European Court of Justice. It argued that attorney client privilege protected any document that requested, gave, or summarized advice from a lawyer. It asked the court to declare that it didn’t have to disclose entire documents to the commission in order to determine whether it was privileged.
The commission countered that privilege needed to be balanced against the need to have all relevant evidence before the court. It wanted to be able to verify that evidence was indeed privileged before it was excluded from consideration. It also argued that, without consensus among members, the court couldn’t create a law on attorney client privilege that applied to the whole community.
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