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According to recent Judgment of the European Court of Justice in Case C-597/20 /LOT (29.9.2022) the national authority responsible for the enforcement of the Air Passengers Rights Regulation may, in response to individual complaints, compel a carrier to pay compensation to passengers. That is the case provided that the Member State concerned has granted that body a power to that effect. Following a delay of more than three hours of their flight from New York to Budapest, a number of passengers brought the matter before the Hungarian authority responsible for the enforcement of the Air Passengers Right Regulation asking it to order LOT, the air carrier concerned, to pay them the compensation provided for in that regulation. Indeed, that authority found that the regulation had been infringed and ordered LOT to pay compensation in the amount of EUR 600 to each passenger concerned.  Taking the view that the authority in question did not have the power to order the payment of such compe...

The International Bar Association (IBA) has launched the  Women Lawyers' Committee: Mentorship Toolkit  (the Toolkit) with the aim of empowering female legal professionals and addressing the gender representation gap at senior levels.  With global organisations revealing the business case to address gender disparity, the Toolkit is launched into an environment where there has been an increased focus and shift in perspective on gender equality. Closing the gap is now recognised not just as ‘the right thing to do’, but also ‘the smart thing to do’. Research by the Organisation for Economic Co-operation and Development (OECD) shows that gender disparity in world societies and labour markets has a US$12tn impact on the global economy. This is equivalent to 16 per cent of global gross domestic product. Furthermore, media reports have revealed that the COVID-19 pandemic has had a greater negative impact on working women than men; women have disproportionat...

In a  decision  made public on 26.9.2022, the European Committee of Social Rights of the Council of Europe (ECSR) considers that the upper limit on the compensation that can be awarded to workers in France in the event of unlawful dismissal constitutes a “violation” of the European Social Charter (Article 24b). In their complaints (Nos.  160/2018  and  171/2018 ), the CGT-FO and the CGT asked the ECSR to find that the reforms to the French Labour Code introduced by Order No. 2017-1387 of 22 September 2017 were in breach of Article 24 of the Charter (the right to protection in cases of termination of employment) on the ground that they laid down an upper limit on the amount of compensation in the event of dismissal without valid reasons. Both organisations asserted that this meant that victims of unjustified dismissals were unable to obtain compensation through the domestic courts that was adequate in relation to the damage incurred and dissuasiv...

23 Governments and one non-governmental organisation, the Geneva Academy of International Humanitarian Law and Human Rights, have requested leave to intervene as third parties in the proceedings concerning the case of Ukraine v. Russia (X) (application no. 11055/22).  This inter-State case concerns the Ukrainian Government’s allegations of mass and gross humanrights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022.  The requesting Governments are Austria, Belgium, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. The Court will examine and decide on these requests in due course. Iceland and the United Kingdom have requested and been granted a short extension of the timelimit to request leave to intervene as a third party. The President of the Co...

The European Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law (referred to as ‘non-communication infringements').  The Commission is sending a letter of formal notice to those Member States who have failed to notify national measures transposing directives.  In this case, there are 24 Member States who have not yet notified full transposition measures for 10 EU directives whose transposition deadline expired between 1st July and 31st August 2022. Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion. Workers' rights: Directive (EU) 2019/1152 on transparent and predictable working conditions The  Directive on transparent and predictable working conditions  provides more extensive and updated labour rights and pr...

In Chamber's judgment (20.9.2022) in the case of McCann and Healy v. Portugal (application no. 57195/17) the European Court of Human Rights held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.  The case concerned statements made by a former detective inspector – in a book, a documentary and a newspaper interview – about the applicants’ alleged involvement in the disappearance of their daughter, Madeleine McCann, who went missing on 3 May 2007 in southern Portugal.  Before the Court, the applicants alleged that there had been a violation of their right to reputation and to their right to be presumed innocent.  The Court considered that, even assuming that the applicants’ reputation had been damaged, this was not on account of the argument put forward by the book’s author but rather as a result of the suspicions expressed against them, which had led to their being placed u...

The European Patent Office in Munich, Germany wishes to recruit a Lawyer in the Legal Services unit of the Boards of Appeal (INT/EXT /20593)  Grade: G7-G10 (net (basic) monthly salary for this vacancy: EUR 5 911 to 8 372) Duration of appointment: Five years Application deadline: 12 October 2022 The Boards of Appeal (BoA) are the final judicial instance in proceedings before the European Patent Office (EPO). Their task is to review decisions taken by the EPO's administrative divisions. The members of the BoA are independent in their decisions and are bound only by the European Patent Convention. Legal Services provide the BoA with legal support, disseminate information on the BoA case law and provide legal advice and support to the President of the BoA on patent law-related questions and institutional matters. The successful candidate will be selected on the basis of qualifications and relevant experience, supplemented as appropriate by interviews, tests and/or a persona...

Vacancy in UNICEF: Legal Affairs Specialist, P-3, Office of Executive Director, Copenhagen. The fundamental mission of UNICEF is to promote the rights of every child, everywhere, in everything the organization does — in programs, in advocacy and in operations. The equity strategy, emphasizing the most disadvantaged and excluded children and families, translates this commitment to children’s rights into action.  Under the overall guidance of the Chief of Section and direct supervision of one of the Legal Affairs Specialist (P4), the Legal Affairs Specialist will provide guidance and advice on institutional and commercial procurement, donor agreements and contracts related to programme support and project implementation to ensure adherence to organizational financial, procurement, contracting and legal policies, rules and procedures; and to ensure that the organization is protected from legal exposure. To qualify as an advocate for every child you will must have a minimum of a post...

On 7th September 2022, Pre-trial Chamber I of the International Criminal Court (ICC) terminated proceedings against the alleged former Lieutenant General of the Libyan army and former head of the Libyan Internal Security Agency, Mr Al-Tuhamy Mohamed Khaled.  The Chamber made this decision following the Prosecution’s Notification of the Death of Al-Tuhamy and request to withdraw arrest warrant, dated 2 August 2022 and annexing a copy of a death certificate issued by the Libyan authorities and an official translation. In light of the Prosecution’s submissions, the Chamber considered that the certificate sufficed to render the warrant of arrest without effect. Outstanding requests for arrest and surrender made to any States will accordingly be withdrawn. Background: The Warrant of Arrest for Al-Tuhamy Mohamed Khaled was issued under seal on 18 April 2013 and unsealed on 24 April 2017. He was suspected of four crimes against humanity: imprisonment, torture,...

Following Russia’s exclusion from the Council of Europe on 16 March 2022, as a result of its aggression against Ukraine, the Russian Federation will cease to be a High Contracting Party to the European Convention on Human Rights on 16 September 2022. “Russia’s aggression against Ukraine continues to bring pain and suffering to millions of people in Ukraine and all over Europe. We once again urge the Russian leadership to immediately stop the war in Ukraine and to put an end to the ongoing repression of its own people,” said the  Secretary General  of the 46-state Council of Europe Marija Pejčinović Burić. “It is truly regrettable that, with its departure from the European Convention on Human Rights, Russia will further isolate itself from the democratic world and deprive more than 140 million Russian citizens of the protection offered by the Convention. “The Council of Europe will continue to support and engage with human rights defenders, democratic ...

In Chamber judgment (8/9/2022) in the case of Drelon v. France (application no. 3153/16) 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 applications concerned, first, the collection and retention, by the French blood donation service (EFS) of personal data reflecting the applicant’s presumed sexual orientation – together with the rejection of his criminal complaint for discrimination – and, second, the refusal of his offers to donate blood, together with the dismissal by the Conseil d’État of his judicial review application challenging an order of 5 April 2016 which amended the selection criteria for blood donors.  Addressing the first application, the Court found that the collection and retention of sensitive personal data constituted an interference with the applicant’s right to respect for his private life. That interference ha...

According to the Judgment of the European Court of Justice in Case C-624/20 (Staatssecretaris van Justitie en Veiligheid), a third-country national who enjoys a right of residence as a family member of an EU citizen may acquire long-term resident status where he or she satisfies the conditions provided for by EU law. In 2013, E. K., a Ghanaian national, obtained a residence permit in the Netherlands as a family member of a Union citizen (Art. 20 TFEU), on account of the existence of a relationship of dependency between that citizen and her son, who holds Netherlands nationality. In 2019, she applied for a long-term resident’s EU residence permit on the basis of the national legislation transposing an EU directive.  (Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44). However, the Netherlands authorities refused her application, on the ground that the right of residence as a family memb...

On 9 September 2022, the Kingdom of Sweden, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).  Pursuant to Article 63 of the Statute, whenever the construction of a convention to which States other than those concerned in the case are parties is in question, each of these States has the right to intervene in the proceedings.  In this case, the construction given by the judgment of the Court will be equally binding upon them. To avail itself of the right of intervention conferred by Article 63 of the Statute, Sweden relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”).  In its declaration of intervention, Sweden emphasizes that “the prohibition of genocide is a jus cogens ...

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...

by George Kazoleas, Lawyer LL.M. The majority of lawsuits against doctors allege medical errors that resulted in the death of patients or in other cases the deterioration of their health. A lawsuit filed a few years ago against a doctor in Germany involved an accusation against him of the opposite: That the doctor was responsible for prolonging the patient's life while he should have ended it. Facts of the case The patient, born in 1929, had been suffering from a dementia syndrome since 1997 and until his death in 2011 was under the supervision of an attorney, which included both his health and personal care. Since 2006 the patient has been living in a nursing home. During his stay in hospital in September 2006, he became ill due to malnutrition and with the consent of the lawyer, a catheter was inserted into him, through which he was artificially fed until his death. The defendant, a general doctor, began to care for the patient in the spring of 2007. The patient’s health deterior...

The case of Paparrigopoulos v. Greece (application no. 61657/16) concerned proceedings for the judicial determination of paternity of the applicant’s daughter. The applicant complained in particular that domestic law had not afforded him the opportunity to acknowledge paternity voluntarily and that this had had the consequence of limiting his parental responsibility in respect of his daughter.  In Chamber's judgment dated 30.6.2022, the European Court of Human Rights unanimously found the following violations: 

In ECtHR judgment in the case of Simić v. Bosnia and Herzegovina (application no. 39764/20) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.  The case concerned a joke that the applicant, a lawyer, told in court to illustrate his criticism of the proceedings in which he was representing a client. As a result, he was fined for contempt of court. The Court found in particular that the domestic courts had failed to give sufficient weight to the context in which the joke and critical remarks had been made and had not provided relevant and sufficient reasons to justify the interference with the applicant’s right to freedom of expression. In particular, the applicant’s joke, made only in the courtroom and not to the media, had been meant as a criticism of the way in which the rules of evidence had been applied in the case he was defending and had not been intended to ins...

The European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB) published their  Joint Opinion  on the proposed Data Act. The EDPS and EDPB welcome the efforts made to ensure that the Data Act does not affect the current data protection framework. At the same time, since the Data Act would also apply to highly sensitive personal data, the EDPS and EDPB urge the co-legislators to ensure that data subjects’ rights are duly protected. The access, use and sharing of personal data by entities other than data subjects should occur in full compliance with all data protection principles and rules. Moreover, products should be designed in such a way that data subjects are offered the possibility to use devices anonymously or in the least privacy intrusive way possible.

Governments need to step up their efforts and coordination to combat money laundering and terrorist financing by adopting stricter regulation and supervision of the virtual assets sector and the specialised “gatekeeper” professions, such as lawyers, accountants and other services providers who often help launderers, according to the Council of Europe’s anti-money laundering and counter-terrorist financing body  MONEYVAL . In its  annual report for 2021 , MONEYVAL examines the action required to improve the combat against money laundering. It also assesses compliance with international standards and developments in the legal and institutional frameworks to prevent money laundering and terrorist financing in the 34 jurisdictions it monitors.

By Nicole K.Phinopoulou, Lawyer, Banking & Financial Services, LLB. LLM. LPC, CISL, University of Cambridge T Leaders around the world are reaffirming their commitment to accelerate measures to fight climate change. Similarly, Christine Lagarde, President of the European Central Bank (ECB), recently stated that the fight against climate change is on the agenda of ECB’s Governing Council on assessment and discussions when determining the monetary policy of the Euro-zone.