Facts

On May 8, 2007, Mathieu Blanc requested to be registered on the list of trainee lawyers in the canton of Vaud, with the lawyer Nicolas Iynedjian as his future internship supervisor. On May 31, 2007, the Administrative Court of the Vaud Cantonal Tribunal rejected Mathieu Blanc's request, as his future internship supervisor was not qualified to train an intern in the canton of Vaud, since he did not have the five years of practice in the canton required by Vaud legislation. The Vaud Administrative Tribunal partially upheld the appeal filed by Mathieu Blanc, Nicolas Iynedjian and Law Firm C. against the decision of the Administrative Court. However, on October 22, 2007, the Administrative Court again refused to register Mathieu Blanc on the list of trainee lawyers in the canton of Vaud, considering that Nicolas Iynedjian did not have at least five years of practice in the canton of Vaud. Mathieu Blanc, Nicolas Iynedjian and the Competition Commission appealed against this decision of the Administrative Court.

Considerations

The Federal Tribunal upheld the appeals. It considered that the Federal Act on the Internal Market (LMI) applies in parallel to the Federal Act on the Free Movement of Lawyers (LLCA), and that the cantons must exercise their powers in a manner consistent with the principles of the LMI.

According to the Federal Tribunal, the requirement imposed by Vaud…