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Commission calls on the Netherlands and Portugal to correctly transpose the EU rules on the presumption of innocence and the right to be present at trial in criminal proceedings. The European Commission decided to open an infringement procedure by sending a letter of formal notice to the Netherlands (INFR(2024)2274) and Portugal (INFR(2024)2273), for failing to correctly transpose the Directive on the strengthening of the presumption of innocence and the right to be present at the trial in criminal proceedings ( Directive 2016/343/EU ).  The Directive is one of  six Directives  adopted by the EU to create common minimum standards ensuring that the rights of suspects and accused persons to a fair trial in criminal proceedings are sufficiently protected across the EU. The Commission considers that certain national transposition measures notified by the two Member States fall short of the requirements of the Directive.  In particular, the Commi...

Written by Efi Thoma, Lawyer LL.M. | IMES According to Professor, Yuval Noah Harari artificial intelligence (“AI”) and climate change constitute the challenges which will define the future of humanity, and addressing them is essential for global stability and progress.  His clairvoyance is aligned with other scholars who believe, however, that there are many different ways that AI can be an invaluable ally for combating climate change. Who shall take, however, the legal responsibility of any potential wrongdoings, in case that AI goes rogue, in lack of a robust legal framework regulating AI? Researches have shown that AI can predict accurately climate phenomena and perform climate simulations at a global level, enhancing the awareness and enabling the preparation of efficient climate policies as well as legal and regulatory frameworks to combat the climate crisis, by ensuring a proactive, informative approach. Could AI be also used for calculating and reducing CO₂ emi...

In Chamber's judgment in the case of M.B. v. Spain (application no. 38239/22) the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights.  The case concerned Ms M.B.’s pre-trial detention and later confinement in a prison psychiatric hospital in February 2020, following her burning down the flat she had been living in. The Court found in particular that the Spanish courts had not reassessed M.B.’s state of mental health when the order had been given, and had not adequately scrutinized the reports on her health or assessed whether her condition had actually warranted compulsory confinement. Overall, the security order had not met the minimum conditions necessary to comply with the Convention. Principal facts  The applicant, M.B., is a Moroccan national who was born in 1978. M.B. suffers from paranoid schizophrenia. In March 2018 she was arrested by the police f...

In  Chamber's judgment in the case of H.W. v. France (application no. 13805/21) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned a fault-based divorce in which blame was attributed solely to the applicant, on the grounds that she had ceased to have sexual relations with her husband. The applicant did not complain about the divorce itself, which she had also sought, but rather about the grounds on which it had been granted.  The Court noted that the concept of “marital duties”, as provided for in the domestic legal order and reaffirmed in the present case, took no account whatsoever of consent to sexual relations. Failure to fulfil marital duties could, in the conditions set out in Article 242 of the Civil Code, be considered a fault which justified the granting of a divorce. It could also entail pecuniary consequences a...

Dutch Supervisory Authority fined Netflix for not properly informing customers. Netflix did not inform customers clearly enough in its privacy statement about what exactly Netflix does with those data (Article 5 (1)(a) and Article 12 (1) in conjunction with Article 13 (1)(c)(e) and (f); and Article 13(2)(a) GDPR). The Dutch Supervisory Authority (SA) started this investigation following complaints from None of your business (noyb), an Austrian NGO that is committed to privacy. Those complaints were submitted to the Austrian data protection authority and forwarded to the Dutch SA, because Netflix has its main European establishment in the Netherlands. The investigation shows that Netflix did not inform customers clearly enough in its privacy statement about what exactly Netflix does with those data (Article 5 (1)(a) and Article 12 (1) in conjunction with Article 13 (1)(c)(e) and (f); and Article 13(2)(a) GDPR). Furthermore, customers did not receive sufficient information when the...

 Written by Efi Thoma, Lawyer Does the highly anticipated rise of cryptos in the US under Trump administration align with MiCAR’s (Markets in Crypto-Assets EU Regulation) enforcement in the EU regulatory landscape? Even after the collapse of FTX illustrating the dire need for imposing strong regulations to protect investors in crypto assets, the current crypto regulatory progress in the U.S. is ambiguous and remains stalled. This outcome leads to the exacerbation of the lack of faith in the crypto ecosystem by highlighting the unaccountability of the crypto actors with regard to money laundering, financing of terrorism and other illegal activities. In 2023 the International Organization of Securities Commissions has laid out specific recommendations with the aim of imposing some global ground rules on the crypto and digital assets, given the global transactional activities on the crypto sector and the increasing need for the protection of investors in crypto assets. While the f...

In its judgment in Case C-394/23 (Mousse) the EU Court of Justice ruled that a rail transport customer’s gender identity is not necessary data for the purchase of a transport ticket. The collection of data regarding customers’ titles is not objectively indispensable, in particular where its purpose is to personalise commercial communication.  The association Mousse challenged, before the French data protection authority (the CNIL), [1] the practice of the French railway undertaking SNCF Connect whereby the latter systematically requires its customers to indicate their title (‘Monsieur’ or ‘Madame’) (‘Mr’ or ‘Ms’) when purchasing transport tickets online. That association takes the view that that requirement infringes the General Data Protection Regulation (GDPR), [2] in particular in the light of the principle of data minimisation, because an indication of the title, which corresponds to a gender identity, does not appear to be necessary for the purchase of a rail transport ticket....

The European Commission has opened formal proceedings against TikTok for a suspected breach of the  Digital Services Act (DSA)  in relation to TikTok's obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November. Commission President, Ursula von der Leyen, said:  “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.” The proceedings will focus on management of risks to elections or civic disco...

Teresa Anjinho has been elected European Ombudsman by the European Parliament with 344 votes in favour. Ms Anjinho will take office on 27 February 2025. Ms Anjinho is a member of the supervisory committee of the European Anti-Fraud Office (OLAF) and a former Deputy Ombudsman of Portugal. She was also previously a Secretary of State for Justice and a Member of Parliament in Portugal. For more details, see  here . Welcoming the vote in the European Parliament, outgoing Ombudsman Emily O’Reilly, said: “I warmly congratulate Ms Anjinho on being elected European Ombudsman. This Office is key to ensuring the EU administration remains transparent and accountable to citizens and I wish her every success in the role. I also commend the hard work of the other candidates who participated in the election and wish them all the best.” Emily O’Reilly will remain European Ombudsman until the swearing-in ceremony for the new Ombudsman at the European Court of Justice on 27 February. ...

by Giorgos Kazoleas, Lawyer qualified in Cyprus & Greece The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of...

The EU Court of Justice ruled in Case C-295/23 (Halmer Rechtsanwaltsgesellschaft) that a holding by purely financial investors in a law firm may be prohibited. Such a prohibition is justified in order to ensure the independence of lawyers.  A Member State may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.  The German law firm Halmer Rechtsanwaltsgesellschaft is challenging before the Higher Bavarian Lawyers’ Court (Germany) a decision of the Munich Bar Association of 9 November 2021 which revoked its registration with the bar association on account of the fact that an Austrian limited liability company acquired shares [1] in it for purely financial purposes. Under the German legislation applicable at the ...

The case of X and Others v. Slovenia (application nos. 27746/22 and 28291/22) concerned custody decisions and contact rights following the separation of X from her children’s father in 2018. It also concerned the reassignment of X’s court case to a particular judge.  In Chamber's judgment in the case, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, as regards X’s right to a tribunal established by law, and violations of Article 8 (right to respect for private and family life) with respect both to:  - the applicant children, as regards the order to remove them from X’s (their mother’s) care in March 2020, their not being represented in the contact and custody proceedings, and their not being allowed contact with their mother;  - X, for not being allowed contact with her children.  The Court found in particular that the President of the District Co...

During its latest plenary, the European Data Protection Board (EDPB) published  guidelines on Art.48 GDPR  about data transfers to third country authorities and  approved a new European Data Protection Seal. Αs stated in a press release from the EDPB, in a highly interconnected world, organisations receive requests from public authorities in other countries to share personal data. The sharing of data can, for instance, be of help to collect evidence in the case of crime, to check financial transactions or approve new medications. When a European organisation receives a request for a transfer of data from a ‘third country’ (i.e. non-European countries) authority, it must comply with the General Data Protection Regulation (GDPR). In its guidelines, the EDPB zooms in on Art. 48 GDPR and clarifies how organisations can best assess under which conditions they can lawfully respond to such requests. In this way, the guidelines help organisations to make a decision on whether...

In its committee judgment in the case of Nezirić v. Bosnia and Herzegovina (application no. 4088/21) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for correspondence) of the European Convention on Human Rights.  The case concerned the seizure and examination of a lawyer’s mobile phone in the context of a criminal investigation against him. The Court was particularly concerned about the practical framework for the protection of legal professional privilege in cases such as this. Mr Nezirić’s phone was seized in his office and its entire contents copied, transferred and examined elsewhere, without either Mr Nezirić or a member of the Bar Association present. The data retrieved had subsequently been sifted through, but without any judicial supervision. Moreover, the entire copied contents of the phone had ultimately been submitted as evidence at trial, and not the sifted data. Principal facts  The applicant, S...

In its Judgment in Case T-82/24 (Administration of the State Border Guard Service of Ukraine v EUIPO) (RUSSIAN WARSHIP, GO F**K YOURSELF) the General Court ruled that the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark. That phrase, which has become a symbol of Ukraine’s fight against Russian aggression, is not perceived as an indication of a commercial origin.  The Administration of the State Border Guard Service of Ukraine (Kyiv, Ukraine) requests the General Court of the European Union to annul the decision of the European Union Intellectual Property Office (EUIPO) of 1 st December 2023, which refused registration of the following figurative sign as an EU trade mark: ‘RUSSIAN WARSHIP, GO F* *K yourself’ That mark is a war cry uttered by the Ukrainian border guard on Snake Island on 24th February 2022, the first day of the full-scale Russian invasion of Ukraine. Registration was sou...

The European Commission decided to refer Germany to the Court of Justice of the European Union for failing to eliminate discriminatory tax treatment of reinvested capital gains on the sale of German real estate. The Commission decided to refer Germany (INFR(2012)4037) to the Court of Justice of the European Union for having failed to remedy the infringement of the free movement of capital ( Article 63 TFEU  and  Article 40 of the EEA Agreement ) due to a discriminatory tax treatment of reinvested capital gains upon sale of real estate located in Germany.  Germany grants a deferral of taxation for reinvested capital gains made on the sale of real estate located in Germany, provided that the real estate has been attributed to the fixed assets of a domestic permanent establishment (Betriebsstätte in Deutschland) for an uninterrupted period of at least 6 years. Corporations established in Germany, even without a business activity therein, are deemed to have such a ...

Obligation on publisher of the Daily Mail to pay substantial “success fees" in defamation and breach of privacy cases was excessive. The case Associated Newspapers Limited v. the United Kingdom (application no. 37398/21) concerned the fact that Associated Newspapers Limited the publisher of the Daily Mail and the Mail on Sunday had been obliged to pay extensive costs incurred by claimants who had successfully sued it in privacy and/or defamation proceedings following articles it had published in print or online in 2017 and 2019.  Since one of the claimants had entered into a conditional fee arrangement (CFA) with his legal representative, and both had taken out “after-the-event” (ATE) insurance, Associated Newspapers Limited had been liable not only for their base costs, but also for fee uplifts including the “success fee” in the CFA and for their ATE insurance premiums.  In Chamber judgment (12.11.2024) in the case, the European Court of Human Rights held, unanimously, that t...

According to the Judgment of the General Court in Cases T-386/21 (Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission) and T-406/21 (UBS Group and Credit Suisse Securities (Europe) v Commission), the banks Crédit agricole and Credit Suisse participated in a cartel in the sector for suprasovereign bonds, sovereign bonds and public agency bonds denominated in US dollars (‘SSA Bonds’).  The General Court of the European Union confirms the Commission’s finding of an infringement and maintains the amount of the fines imposed in 2021. In 2018, the European Commission initiated proceedings for infringement of the competition rules involving Deutsche Bank, Bank of America, Crédit agricole and Credit Suisse (now UBS Group [1] ).  In 2021, the Commission found that those banks had entered into an agreement on the secondary market for suprasovereign, sovereign and agency bonds denominated in dollars (SSA bonds). According to the Commission, traders employed by ...

The European Ombudsman has suggested the European Commission make public all future opinions adopted by the independent ethics committee concerning former commissioners’ post-mandate jobs. Former commissioners are required to give the Commission two months’ notice when they intend to pursue a professional activity during the two years following their departure. The Commission then examines whether the intended activity is compatible with the commissioner’s post service obligations. If the activity is related to the former commissioner’s portfolio, the Commission consults with the Independent Ethical Committee before taking a decision. Under the Commission’s current practices, if a commissioner withdraws an approval request following a negative opinion from the ethics committee, the Commission does not publish the committee’s opinion. The Ombudsman noted that publishing these opinions would improve transparency and public scrutiny around the Commission’s ability to ensure...