CAREER







Comments

Post a Comment

Popular posts from this blog

Greek Administrative Court rules state liable for Covid-19 vaccine side effects due to "excessive sacrifice"

Image
Greece: The Administrative Court of First Instance of Athens, in its decision no. 4202/2025, has ruled that the Greek State is liable for damages sustained by an individual due to side effects following a preventive "COVID-19" vaccination. This landmark decision was issued in a compensation lawsuit filed against the Hellenic Republic. The Case: Seeking Compensation for Vaccine-Related Harm The lawsuit was brought by a plaintiff seeking compensation for material damage and moral harm (non-pecuniary damage), alleging that they suffered severe side effects after their preventive COVID-19 vaccination with a specific vaccine. The initial claim was for €461,835.26, but this amount was subsequently restricted during the proceedings. The plaintiff based their claim on two legal grounds: Article 105 of the Introductory Law of the Civil Code (EισNAK): This article concerns the State's liability for compensation arising from illegal acts or omissions of its organs in the exe...
Read more

THE CONCEPT OF WORKER (IN ARTICLE 45 TFEU)

Image
By Mpia Tsolaki, Lawyer** Freedom of movement for workers is founded on Article 45(1) TFEU and enshrined in fact in the abolition, set out in its second paragraph, of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment [1] . That prohibition has been regarded since the beginnings of the establishment of the single European Market as an indispensable corollary to its full integration since it has crucially promoted mobility of the workforce throughout the European Union (hereinafter EU) [2] .  From that point of view, it is therefore of outmost importance for ascertaining its ambit to determine at the outset the concept of "worker", which is not defined by neither the primary nor the secondary EU legislation. As expected, the Ariadne’s thread has been offered by the European Court of Justice (hereinafter ECJ) that has been constantly producing an ample case-law, which keepi...
Read more

Excessive formalism as a restriction on the right of access to justice

Image
Formalism may be inherent in laws, jurisprudence and in procedural law in particular, since the rules of law are specific forms that must be applied in real situations.                                                      By Giorgos Kazoleas, Lawyer LL.M. Excessive formalism, however, which characterizes many judicial systems, can sometimes deprive citizens of their right to access the justice in order to assert their rights. Strict procedural rules that most commonly concern deadlines, the limitation period of claims, the method of filing and deficiencies or errors of Court documents deny in essence the right to go to Court. The European Court of Human Rights (“ECtHR”) has issued a number of judgments condemning the law of several countries for excessive formalism in certain cases. Despite being a lawyer, he was not allowed to appeal for himsel...
Read more

ECtHR Judgement against Greece: Disclosure of the identities and medical data of prostitutes diagnosed with HIV was a breach of their right to private life

Image
The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also concerned the circumstances in which they were required to undergo a blood test.  In Chamber 's judgment(23.1.2024) in this case the European Court of Human Rights held, unanimously, that there had been two violations:  -A violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, with regard to two applicants, on account of the blood tests they had been required to undertake.  The Court considered that the blood samples imposed on two applicants had amounted to an interference with their private life and noted that this had not been in accordance with the law within the meaning of Article 8 of the Convention, given that the provisions of domestic law in issue ought to h...
Read more

Justice Minister’s statements violated presumption of innocence (ECtHR)

Image
Statements made by the Minister of Justice and Prime Minister concerning an important political and economic figure who had been convicted at first instance and had subsequently appealed violated presumption of innocence. In Chamber’s judgment dated 7.9.2023 in the case of Bavčar v. Slovenia (application no. 17053/20) the European Court of Human Rights held that there had been by 6 votes to 1, a violation of Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights, and unanimously, no violation of Article 7 (no punishment without law). Facts  The applicant is a former Slovenian politician who played an important role in the independence process of the country as the Minister of the Interior and later also served as Minister for European Affairs. Subsequently, he became president of one of the largest Slovenian holding companies. In 2016, in retrial proceedings, he was convicted by the first-instance court of two acts of money laundering, namely, acc...
Read more

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
Read more

Amendment of Articles of Association in Cyprus: Between Corporate Freedom and Abuse of Right – A Comparison with the Corresponding Regulation in Germany

Image
Giorgos Kazoleas, Lawyer in Cyprus The Articles of Association constitute the regulatory framework of a company, governing the internal relations between its members and management. Under Cyprus law, flexibility in adapting this document is vital, but it is not unchecked. The Amendment Process (Section 12 of the Companies Law, Cap. 113) Pursuant to Section 12 of the Companies Law (Cap. 113), a company may amend its articles of association by passing a Special Resolution, subject to compliance with the provisions of this Law and the conditions contained in the Company’s Memorandum of Association. The Company may amend specific articles or its articles of association in their entirety. For the amendment to be valid, a majority of at least 75% of the members present and voting at the General Meeting is required, and the prescribed notice must have been given (typically 21 days, unless otherwise provided for private companies). Subsequently, the company must submit the special reso...
Read more