On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is protected not only as part of the rights of defense but also under the right to protection of private communications.

From a practical standpoint, this means that, under EU law, the protection of confidentiality of attorney-client communications covers communications regarding legal advice beyond those that are related to litigation.