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According to the Judgment of the European Court of Justice in Case C-10/22, the national legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law. The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate. LEA is a collective management organisation that is governed by Italian law and authorised to operate in the field of copyright intermediation in Italy. Jamendo, a company incorporated under Luxembourg law, is an independent copyright management entity which has been operating in Italy since 2004.  LEA applied to the Rome District Court for an order requiring Jamendo to cease its copyright intermediation activity in Italy. According to Italian legislation, that activity is reserved exclusively to the Italian society of authors and publishers and to the other collective management organisations listed, such as LEA, whereas indep...

In Chamber’s judgment   in the case of Danileţ v. Romania (application no. 16915/21) the European Court of Human Rights held, by a majority (four votes to three), that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in particular concerning the broader context in which the applicant’s statements had been made, his participation in a debate on matters of public interest, the question whether the value judgments expressed had been sufficiently based in fact and, lastly, the potentially chilling effect of the sanction. In addition, the existence of an attack on the dignity and honour of the profession of judge had not been sufficiently demonstrated. In...

The Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant.   The European Commission decided to send an additional letter of formal notice to Germany, Latvia and Slovenia and a reasoned opinion to Spain for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States ( Council Framework Decision 2002/584/JHA ). The  European arrest warrant  (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States. The Commission first sent a letter of formal notice to Germany in February 2021, to Spain in May 2021, to Latvia in December 2021 and to Slovenia in February 2022. On analysis of...

Six new judges of the International Criminal Court (ICC) were sworn on 8 March 2024, during a ceremony held at the seat of the Court in The Hague (Netherlands). During the Ceremony, participants also bid farewell to the six outgoing ICC judges ending their terms.  Judges Mr Keebong Paek (Republic of Korea), Mr Erdenebalsuren Damdin (Mongolia), Ms Iulia Motoc (Romania), Mr Haykel Ben Mahfoudh (Tunisia), Mr Nicolas Guillou (France) and Ms Beti Hohler (Slovenia) were elected for nine-year terms during the twenty-second session of the Assembly of States Parties (ASP) to the Rome Statute in December 2023.  The six new judges commenced their mandates on 11 March 2024 and will subsequently be called to full-time service on the basis of the workload of the Court. The six judges made a solemn undertaking in open court before the President of the ASP, H.E. Ms Päivi Kaukoranta, stating: "I solemnly undertake that I will perform my duties and exercise my powers as a judge of the Inter...

Written by Efi Thoma, Lawyer LL.M. By adopting a hybrid akin model to Greece, i.e. the Hellenic Republic Asset Development Fund (“HRADF”), pertaining to the privatization of Cyprus’ major public assets, the following benefits may accrue to the Republic of Cyprus.  From a financial perspective, the Republic of Cyprus would be eligible to attract some serious investors who would feel safe to invest into big public-private projects and respond to public tenders, by trusting an independent body of international experts, acting in full transparency and in accordance to the rules of private economy, while safeguarding the public interest. Hence, the Cypriot economy could grow exponentially by improving its international image and securing high-quality investments with a positive spillover effect on the country’s real economy. Furthermore, a budgetary discipline and sound financial management of such joint initiatives in terms of the privatization of Cyprus’ public assets, through the...

The European Commission has fined Apple over €1.8 billion for abusing its dominant position on the market for the distribution of music streaming apps to iPhone and iPad users (‘iOS users') through its App Store. In particular, the Commission found that Apple applied restrictions on app developers preventing them from informing iOS users about alternative and cheaper music subscription services available outside of the app (‘anti-steering provisions'). This is illegal under EU antitrust rules. Apple is currently the sole provider of an App Store where developers can distribute their apps to  iOS users throughout the European Economic Area (‘EEA'). Apple controls every aspect of the iOS user experience and sets the terms and conditions that developers need to abide by to be present on the App Store and be able to reach iOS users in the EEA. The Commission's investigation found that Apple bans music streaming app developers from fully informing iOS users about alter...

European Parliament adopted on 12.3.2024 new EU consumer-protection rules to better respond to increased online shopping, emerging technologies and the transition to a circular economy. EU consumers will soon have easier access to compensation for damage caused by defective products. MEPs adopted revamped rules previously  agreed on with EU governments on 14 December 2023 , with 543 votes in favour, 6 against and 58 abstentions. The updated directive simplifies burden of proof requirements for those claiming compensation and cancels the minimum damage threshold of 500 euro. While the claimant would normally have to prove that the product was defective and its faultiness caused the damage, now a court can presume it is defective, especially in the most technically and scientifically complex cases. The court can also order the business to disclose the “necessary and proportionate” evidence to help victims of damage with their compensation claims. The new rules also allow national...