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The Court of Justice in its Judgment in Case C-472/23 (Lexitor) regarding the consumer credit agreements, ruled that, in the event of failure to comply with the obligation to provide information, a bank may be deprived of its right to interest.  This may be the case even where the individual seriousness of the infringement of that obligation and its consequences for the consumer are likely to vary from case to case. Lexitor is a Polish debt collection agency to which a consumer assigned rights arising from a credit agreement concluded with a bank. That company claims that the bank failed to fulfil its obligation to provide information to the consumer when the agreement was concluded. It brought an action before a Polish court seeking payment from the bank of a sum of money corresponding to the interest and charges paid by that consumer.  In supports of its claim, Lexitor submits, first, that the annual percentage rate of charge (APRC [1]) was overstated; in its view, one of th...

by Giorgos Kazoleas, Lawyer LL.M.* The institution of Justice is not an impersonal entity unaffected by human qualities and weaknesses. In practice, it is a number of  professionals,  judges, who perform, as is commonly said, a supreme function, which is, however, a daily, systematic and repetitive task consisting mainly of adjudicating cases and issuing judicial decisions. Due to the particular importance and practical consequences that usually accompany judicial decisions, the work of judges is reasonable to be the subject of conflicting interests and the judicial judgment to be exposed to the risk or threat of being influenced by various factors including persons, social, business and political formations. In the grand scheme of things, a court decision in some part of the planet may have absolutely no significance, but in the microcosm of the people it may affect, this decision may acquire enormous value. The main threat to influencing the administration of justice i...

written by Efi Thoma, Lawyer, LL.B. | LL.M. | IMES The  Digital Operational Resilience Act (DORA)  is part of the European Union's broader effort to ensure a safe and resilient digital financial ecosystem. DORA applies to a wide range of financial institutions, including banks, insurers, investment firms, and CASPs (Crypto-Asset Service Providers)  which are directly related to the rapidly growing sector of crypto-assets. DORA  is a key regulatory framework adopted by the European Union (EU) to enhance the operational resilience of financial institutions and markets, particularly in the face of increasing reliance on information technology (IT) systems and digital tools. The EU Regulation, which was introduced as part of the EU's Digital Finance Package, aims to ensure that financial institutions can withstand and recover from a variety of disruptions, including cyber attacks, system failures, and other digital operational risks. DORA applies to a broad range o...

Written by Efi Thoma, Lawyer, LL.B. | LL.M. | IMES The EU Competitiveness Compass and the EU’s Climate Mitigation Projects are both integral to the European Union’s strategy for fostering a resilient and sustainable future. While the Competitiveness Compass focuses on strengthening the EU's global competitiveness, the Climate Mitigation Projects aim to address climate change by reducing greenhouse gas emissions and promoting sustainability. More specifically, the EU Competitiveness Compass is a strategic tool developed by the European Commission to evaluate and track the EU's global competitiveness across key sectors. The goal is to ensure that the EU maintains and enhances its competitive edge in the global economy while meeting its climate goals. It is a part of the European Union’s broader economic and industrial policy to align competitiveness with sustainability. The EU Competitive Compass promotes innovation and digitalization acro...

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...

By Efi Thoma, Lawyer, LL.B. | LL.M. | IMES Fintech plays an increasingly important role in addressing climate change, especially in the context of public-private partnerships (PPPs). These collaborations can leverage the power of technology to drive innovation in sustainable finance and environmental impact.  Below are several significant fintech-driven projects in climate-focused public-private partnerships that are shaping the future of climate action: Green Bonds and Climate Financing | Project: European Investment Bank (EIB) and Green Bond Platform EIB has partnered with fintech platforms to develop green bond issuance systems. Green bonds are a key financing mechanism for funding projects that have environmental benefits. In collaboration with fintech companies, the EIB and other financial institutions are working on improving transparency, increasing efficiency in the issuance process, and expanding the green bond market to ensure capital is directed towards...

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...

Parliamentary Assembly has warmly welcomed the draft  Council of Europe Convention for the Protection of the Profession of Lawyer , pointing out that lawyers play a key role in administering justice and ensuring public confidence in the law. Approving an opinion based on a report by Vladimir Vardanyan (Armenia, EPP/CD), the Assembly said lawyers are increasingly becoming targets of harassment, intimidation and attacks. The new Convention requires states to protect them in various ways, allowing them to practise without fear of discrimination or interference. It also establishes standards for professional associations of lawyers and sets up a robust monitoring mechanism. However, the Assembly regretted the lack of specific provisions on the use of secret surveillance against lawyers, and called for the addition of a clause specifically prohibiting states from entering reservations to the Convention, to ensure it is fully implemented. Taking part in the debate, the Attorne...

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...