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ECJ: AG opines DAC 6 reporting obligation could violate right to fair trial and privacy

On 5 April 2022, Advocate General (AG) Rantos delivered his opinion in case C-694/20 (Orde Van Vlaamse Balies and Others) before the Court of Justice of the European Union (CJEU). The case concerned the obligations imposed on intermediaries to disclose certain reportable cross-border arrangements under Council Directive (EU) 2018/822 (referred to as “DAC 6”) and whether provisions of DAC 6 applicable in case of legal professional privilege (LPP) may infringe the right to a fair trial and the right to privacy. The request for a preliminary ruling was made by the Belgian Constitutional Court. The AG concluded that while the right to a fair trial is not violated, the right to privacy may be in certain specific circumstances.

Source Deloitte

See also ECJ (non-VAT) C-694/20 (Orde van Vlaamse Balies and Others) – AG Opinion – Transfer of DAC6 reporting obligation due to professional secrecy is compatible with Charter of Fundamental Rights of European Union

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