Facts
- Peter von Roten, holder of a Valais bar license, is established and associated with two other lawyers in Basel. On April 29, 1953, he applied to the Vaud Cantonal Tribunal for general authorization to practice at the bar in the canton of Vaud. - The Cantonal Tribunal rejected his application, on the grounds that von Roten did not intend to practice regularly in the canton of Vaud and that he did not have a permanent office in the canton, a condition required by Vaud law to obtain general authorization. - Von Roten appealed this decision to the Federal Tribunal, concluding for his admission and authorization to plead regularly before the Vaud courts.Considerations
The Federal Tribunal upholds the appeal and annuls the decision of the Vaud Cantonal Tribunal. It considers that Article 5 of the Transitional Provisions of the Federal Constitution confers on the lawyer holding a license from another canton the right to obtain either general authorization or special authorization to practice his profession in the canton of Vaud, without the canton being able to require him to have a permanent office there. The Federal Tribunal finds that this requirement is contrary to Article 5 of the Transitional Provisions, which aims to…