Two Italian nationals obtained university law degrees in Italy and Spain from Italian and Spanish institutions. Both nationals subsequently registered as attorneys in the Bar of Santa Cruz de Tenerife in Spain. Three months later, they submitted applications to register in the "special section" of the Bar Council of Macerata in Italy. Registration in the special section covers individuals who hold the title of "attorney" issued in a member state other than Italy but who are otherwise established in Italy. The sole requirement for registration in the special section was presentation of a certificate attesting to registration with competent authorities in the individual's home state, in this case, Spain.
1. What was the ECJ's holding with respect to Italy's claims regarding interpretation of Directive 98/5/EC and purported abuse of the registration process?
2. What facts would demonstrate abuse in the case sufficient to invalidate the attorney's efforts to register in Italy? Did the court give sufficient weight to the concern about the possibility of evasion of Italy's licensing requirements? Should consumer protection concerns outweigh the need for harmonization of rules relating to attorney registration? Why or why not?