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A holding by purely financial investors in a law firm may be prohibited (CJEU)

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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 ...
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MiCAR’s enforcement: An innovative crypto-friendly regulatory landscape

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 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...
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Teresa Anjinho elected as new European Ombudsman

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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. ...
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Swiss franc loans and borrowers’ rights in the light of 4 important judgments of the European Court of Justice

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By George Kazoleas, Lawyer LL.M. The EU Court of Justice has issued important decisions in recent years on the issue of bank foreign currency loans, essentially in Swiss francs, which has created significant case law useful for defending the interests of borrowers who have been “trapped” by credit institutions in contracts with abusive currency risk clauses resulting in undue overchargings. In summing up this case-law, the European Court of Justice has reached the following main conclusions: 1.The loan agreement must set out in a transparent manner the exact functioning of the foreign currency conversion mechanism and the exchange rate clause so that the consumer can assess the financial consequences of this mechanism. 2.The borrower must be clearly informed by the bank that, by concluding a loan agreement in a foreign currency, he / she is exposed to a certain foreign exchange risk that he / she may find it difficult to cope with in the event of a devaluation of the currency a...
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Buying Property in Cyprus: Why Due Diligence is the Buyer's Legal Shield

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By Giorgos Kazoleas, Lawyer in Cyprus For most people, purchasing property in Cyprus is the most significant investment of their lifetime. However, behind an attractive photo in an online listing or a "bargain" price, hidden legal traps can easily turn a dream investment into a financial nightmare. Property Due Diligence is far more than a mere formality. It is a rigorous, essential investigation that ensures the property you are buying is legally "sound," free of encumbrances, and in full compliance with urban planning regulations. What Does a Comprehensive Legal Check Include? Before any contracts are signed or any funds are transferred to the Seller, the following elements must be subjected to a thorough legal audit: Ownership Status: Is the seller the actual and sole registered owner? Do they hold the full share of the property being sold? Encumbrances and Charges: Are there any active mortgages, "memos" (court judgments), or other regional bur...
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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

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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...
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Landmark Murder Conviction for Illegal Street Racing in Germany

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Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...
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