Abstract

The EU money laundering directives have been transposed to the legal systems of Member States, including France. In accordance with that legislation lawyers are obliged to report suspicious transactions. French regulations were questioned by a French advocate M. Michaud; in his opinion they challenged the principle of confidentiality of lawyer-client communication. He brought the case to the Court of Human Rights in Strasbourg invoking the provisions of Article 8 of the European Convention on Human Rights.

The Court acknowledged that client-lawyer confidentiality is protected also by the provision of Article 8 of the Convention. However, the Court recognized that this principle may be effectively and legally restricted in favour of duties arising from national money laundering legislation.