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Change in the publication mode of the Official Journal of the European Union

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Change in the publication mode of the Official Journal of the European Union: How to consult information concerning cases lodged before the Court of Justice or the General Court or cases in respect of which a decision has been delivered by those courts from 1 October 2023.  On 1 October 2023, the Official Journal of the European Union will be switching to act-by-act publication. In this new publication mode, the Official Journal will no longer be a collation of acts with a table of contents. Instead, each act will be published individually as an authentic Official Journal in PDF format. In order to make it easier to consult the communications provided for in the Rules of Procedure of the Court of Justice and the General Court, those communications will nevertheless continue to be issued at the same intervals as they are currently and will be published in groups, in principle on Mondays.  Notices relating to cases lodged before the Court of Justice or the General Court or decis...

Online video games: the General Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law

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According to the Judgment of the General Court (27.9.2023) in Case T-172/21 (Valve Corporation v Commission), as regards the online video games, the Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law.  In agreeing bilaterally to that geo-blocking, the operator of the Steam platform, Valve and five PC video games publishers unlawfully restricted cross-border sales of certain PC video games that are compatible with that platform. Acting on information received concerning geo-blocking of certain PC video games on the Steam platform according to users’ geographical location, the Commission began an investigation. By decisions of 20 January 2021, it found that the operator of the platform, Valve and five games publishers, namely Bandai, Capcom, Focus Home, Koch Media and ZeniMax, infringed EU competition law.  The Commission found that Valve and the five publishers had participated in a group of anti-competitive agreements or con...

European Ombudsman asks Parliament to act on Commission delays in dealing with access to documents requests

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European Ombudsman Emily O’Reilly  has asked the European Parliament  for formal support for her efforts to get the European Commission to act on her recommendations to reduce systemic delays in dealing with requests for public access to documents. In a Special Report to Parliament, the Ombudsman noted that while the Commission indicated that it is already implementing most of her suggestions, Ombudsman inquiries related to public access continue to show significant delays. These delays typically concern access requests related to areas of significant public importance. Recent examples show that it took the Commission over a year to deal with requests concerning documents relating to migration, EU recovery funds, and sanctions against Russia. At the same time, the Ombudsman has seen a sharp increase in complaints about access to document delays in the Commission, with the number in 2023 already four times higher than it was for the entirety of 2020.  “Citizens right...

Model Contractual Clauses for the Transfer of Personal Data

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One of the main objectives of  Convention 108+  is to facilitate the free flow of information between Parties to the Convention and from Parties to non-Parties while at the same time ensuring that the protection “flies” with the personal data when it leaves the jurisdiction of the Parties.  The main reasons for such requirements are laid down in the Preamble of the Convention: “(…) it is necessary to secure the human dignity and protection of the human rights and fundamental freedoms of every individual and, given the diversification, intensification and globalisation of data processing and personal data flows, personal autonomy based on a person’s right to control of his or her personal data and the processing of such data”. Pre-approved standardised safeguards provided by legally binding and enforceable instruments can ensure an appropriate level of protection guaranteed by Convention 108+ in cases where personal data are sent outside of its territorial scope of appli...

The impact of AI on Data Protection: Ensuring privacy in the era of innovation

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On 7th July 2023, the European Data Protection Supervisor and the European Data Protection Board’s trainees organised a Conference on the topic of Artificial Intelligence. Titled,  “the impact of AI on data protection: ensuring privacy in the era of innovation” , this joint event invited other trainees of the EU institutions to reflect on and discuss the developments of AI, their impact on individuals and their privacy, and some of the possible measures necessary to put in place to comply with data protection law. AI is a multidisciplinary topic, affecting numerous aspects of individuals’ day-to-day lives. To represent accurately the pluralism of this topic, the EDPS and EDPB trainees organised a panel discussion with various actors in the field - from technology experts, lawyers to politicians - each sharing their views and analysis. Discussions focused on taking stock of some of AI’s key developments so far, the risks that these may entail, the role of the EDPS and the...

Six children & young people against 33 states for greenhouse gas emissions resulting to climate change: Forthcoming hearing before ECtHR

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The case Duarte Agostinho and Others v. Portugal and 32 Others (application no. 39371/20), concerning the greenhouse gas emissions from 33 member States, which in the applicants’ view contribute to the phenomenon of global warming resulting, among other things, in heatwaves affecting the applicants’ living conditions and health will be heard before ECtHR on 27 September 2023. The applicants are Portuguese nationals aged between 11 and 24. The applicants claim that the forest fires that have occurred in Portugal each year since 2017 are a direct result of global warming. They allege a risk to their health on account of these fires, and assert that they have already experienced disrupted sleep patterns, allergies and respiratory problems, which are aggravated by the hot weather.  The fifth and sixth applicants stress that climate disruption is causing very powerful storms in winter and maintain that their house, which is situated near the sea in Lisbon, is potentially at risk of dama...

Timeshare contracts: Applicable law in the absence of a choice made by the parties (ECJ)

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The Court of Justice of the European Union, by judgment, dated 14 September 2023, in Case C-632/21, in proceedings between JF and NS, and Diamond Resorts Europe Limited and others, concerning an application for a declaration that timeshare contracts concluded between the applicants in the main proceedings and Diamond Resorts Europe are void, ruled that: 1. The provisions of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) are applicable, in the context of a dispute before a court of a Member State, to contracts the two parties of which are United Kingdom nationals, to the extent that those contracts have a foreign element. 2. Article 6(2) of Regulation No 593/2008 must be interpreted as meaning that: - Where a consumer contract fulfils the requirements laid down in Article 6(1) of that regulation (the contract has been concluded by the consumer for a purpose which can be regarded as being outside his or her trade or professi...

The principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature

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According to the Judgment of the European Court of Justice dated 14.9.2023, in Case C-27/22 (Volkswagen Group Italia and Volkswagen Aktiengesellschaft), the principle ne bis in idem applies to penalties, imposed for unfair commercial practices, that are classified as administrative penalties of a criminal nature. That principle precludes criminal proceedings in respect of the same facts from being initiated or maintained where there is a final decision, even if that decision is issued subsequently. On 4 August 2016, the Autorità Garante della Concorrenza e del Mercato (AGCM) imposed a fine of € 5 million on Volkswagen Group Italia SpA (VWGI) and Volkswagen Aktiengesellschaft (VWAG) for unfair commercial practices against consumers.  Those practices concerned, first, the marketing of diesel vehicles in Italy, from 2009, which contained software allowing the measurement of emission levels of nitrogen oxides (NOx) to be distorted during pollutant emissions inspection tests and, second...

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

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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...

Associate Legal Officer at the United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria

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Job Opening : Associate Legal Officer (Temporary) at the United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria. This position is located within the International Trade Law Division (ITLD), Office of Legal Affairs (OLA), which serves as a substantive Secretariat to the United Nations Commission on International Trade Law (UNCITRAL) and is based in Vienna (Austria). The Associate Legal Officer reports to a Senior Legal Officer as first reporting Officer, and to the Director of the Division as second reporting Officer. For more information on UNCITRAL please visit https://uncitral.un.org/ Responsibilities Within assigned authority, the Associate Legal Officer will be responsible for the following specific duties: • Conduct legal research and analysis and prepare studies in international trade and investment law, comparative studies, briefs, reports and correspondence. • Assist legal officers in the review of legal documents, instruments, or other mat...