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A national court is not required to apply a decision of its constitutional court that infringes EU law (ECJ)

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In its Judgment of 26.9.2024 in Case C-792/22 (Energotehnica) the Court of Justice ruled as regards the right to an effective remedy that a national court is not required to apply a decision of its constitutional court that infringes EU law. In such a case, the national court may not be penalised.  Following the death of an electrician by electrocution during a maintenance operation, an administrative procedure was initiated against his employer. At the same time, criminal proceedings for negligence and manslaughter were initiated against the supervisor. The victim’s next of kin also became civil parties to the criminal proceedings.  The administrative court hearing the dispute concluded that the present case did not involve an ‘accident at work’. It annulled the administrative penalties imposed on the employer. According to national legislation, as interpreted by the Romanian Constitutional Court, that administrative decision prevents the criminal court from reconsidering whether the
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Personal data protection: The supervisory authority is not obliged to exercise a corrective power in all cases of breach and, in particular, to impose a fine

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In its Judgment in Case C-768/21 (Land Hessen/ 26.9.2024) the Court of Justice ruled that, the data protection supervisory authority is not obliged to exercise a corrective power in all cases of breach and, in particular, to impose a fine. It may refrain from doing so where the controller has already taken the necessary measures on its own initiative.  In Germany, a savings bank found that one of its employees had consulted a customer's personal data on several occasions without being authorised to do so. The savings bank did not inform the customer of this, as its data protection officer had taken the view that there was no high risk for him. The employee had confirmed in writing that she had neither copied nor retained the data, that she had not transferred them to third parties and that she would not do so in the future.  In addition, the savings bank had taken disciplinary measures against her. The savings bank nevertheless notified the Land Hessen’s Commissioner for Data Prote
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Legal Officer's position in the International Labour Organization

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ILO - International Labour Organization, based in Geneva, Switzerland seeks to recruit a Legal Officer. The Off ice of the Legal Adviser/Office of Legal Services (JUR) provides a wide range of legal services to the International Labour Organization and its various organs (in particular the Office, the International Labour Conference and the Governing Body of the ILO).   The work is carried out by a small, dedicated team at ILO headquarters. The unit reports directly to the Director-General.  It is responsible for furthering and defending the legal interests of the Organization. The Development Cooperation position of Legal Officer will report to the Legal Adviser.  This position will provide the Office of the Legal Adviser with the necessary capacity to provide legal support for the increasing development cooperation demand from headquarters and field units of the ILO. The position will better enable JUR to respond in a sound and timely manner to the demands placed upon it. Educati
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Imposition of fines and order to comply following a leak of expats’ personal data file by Greek Data Protection Authority

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The Greek Supervisory Authority for Data Protection imposed on the Greek Ministry of the Interior,  an administrative fine totalling EUR 400,000 and on a Member of European Parliament an administrative fine totalling EUR 40,000 for infringements of GDPR. The Hellenic Data Protection Authority received a large number of complaints regarding unsolicited political communication via e-mail sent on 1/3/2024 and entitled "100 days before the European elections", by Member of European Parliament Anna-Michelle Asimakopoulou. Following this, the Authority investigated the case ex officio, exercising immediately its powers of investigation and auditing the bodies involved. Following a series of on-the-spot audits and the receipt of evidence and data in the context of the audit, it was found that a file containing personal data of all registered Greek expatriate voters for the June 2023 elections, for which the Hellenic Ministry of the Interior is the controller, and for which the leg
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Fair trial: Minors subject to criminal proceedings must have the practical and effective opportunity to be assisted by a lawyer (ECJ)

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According to ECJ's Judgment in Case C-603/22 (M.S. and Others), minors subject to criminal proceedings must have the practical and effective opportunity to be assisted by a lawyer. Such assistance must be offered at the latest by the time they are first questioned by the police. Criminal proceedings against three minors were brought before a Polish court. They were charged with having broken into the buildings of a disused former holiday centre. During those proceedings, it was found that the suspects had been questioned by the police in the absence of a lawyer. Before they were first questioned, neither they nor their parents had been informed of their rights or the conduct of the proceedings. The court-appointed lawyers therefore requested that previous statements made by the suspects be removed from the file as evidence.  The national court, questioning the effectiveness of the procedural guarantees in place for minors during the pretrial phase, made a reference to the Court of
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European Ombudsman asks Commission to publish details of its handling of senior staff move to law firm

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The European Ombudsman has asked the European Commission to publish details about how it has handled the planned move by a former director in its competition department to the Brussels office of a US corporate law firm as a partner. Any restrictions that have been placed on the activities of the former director to mitigate potential conflicts of interest should be made public without delay, said the Ombudsman. She noted that public information about the move came from the law firm and gives the impression that the Commission has allowed a senior official to work for a company that anticipates major benefits from their inside knowledge.  The Ombudsman also noted that the Commission declined to give details about the individual’s professional experience despite the fact that the law firm itself has put out a press release detailing it. The Ombudsman has previously criticised a tendency in the EU administration to underestimate the potential negative effects of staff moves to the pr
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European Court of Human Rights refuses request for advisory opinion from High Court of Cassation and Justice of Romania

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The European Court of Human Rights has refused the request for an advisory opinion (no. P16-2024-001) received from the High Court of Cassation and Justice of Romania (“the High Court”) on 27 February 2024.  The request was submitted in the context of an appeal pending before the High Court, concerning the confiscation of a sum of money from a civil servant following an audit of her assets by the National Integrity Agency (Agenția Națională de Integritate – “the ANI”).  The Romanian authorities had considered that the civil servant – who belonged to one of the 39 categories of individuals working in the public sector who were required to declare their assets and interests – had been unable to prove the source of the money, which had been confiscated following an audit of her income.  The High Court requested the European Court to give an opinion on two questions concerning the interpretation of Article 6 (right to a fair hearing) of the European Convention on Human Rights and Article 1
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A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile (ECJ)

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As ruled by the Judgment of the Court of EU in Case C-774/22 (29.7.2024) (FTI Touristik), a consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile. This is also true where the consumer and the organiser are domiciled in the same Member State. A consumer residing in Nuremberg (Germany) concluded a contract for a trip abroad with the tour operator FTI Touristik, which has its registered seat in Munich (Germany). Considering himself to have been inadequately informed of the entry conditions and necessary visas, the consumer brought an action for damages against FTI Touristik before the Local Court, Nuremberg. FTI Touristik contends that that court does not have territorial jurisdiction.  In particular, the ‘Brussels Ia’ Regulation on jurisdiction [1] [2], does not apply where the two parties are domiciled in the same Member State. The Local Court, Nuremberg submitted a question to the Court of Justice on that point.  The Court repli
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Rule of Law Report 2024: National justice systems, anti-corruption frameworks, media freedom and pluralism in the EU member states

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The European Commission has published its fifth  annual Rule of Law Report,  examining systematically and objectively rule of law developments in all Member States on an equal basis. In comparison to the first issue of the Rule of Law Report adopted in 2020, Member States and the EU as a whole are much better prepared to detect, prevent and address emerging challenges. This contributes to the resilience of our European democracies and to mutual trust in the EU. It also contributes to a good functioning of the single market and benefits a business environment that fosters competitiveness and sustainable growth. Since its first publication in 2020, the report has become a true driver of positive reforms: Two thirds (68%) of the recommendations issued in 2023 have been, fully or partially, addressed. However, in some Member States systematic concerns remain and the situation has further deteriorated. These concerns are addressed in the recommendations of this year's report. There
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Mortgage loans: the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country (ECJ)

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According to the Judgment of the European Court of Justice in Case C-450/22 (Caixabank and Others) as regards mortgage loans, the transparency of ‘floor’ clauses may be reviewed in the context of a collective action concerning the entire banking system of a country. In its review, the court may take account of changes in the perception of the average consumer in relation to those clauses. ‘Floor’ clauses are standard terms that were contained in variable-rate mortgage loan agreements concluded with consumers by a significant number of financial institutions in Spain.  Those clauses set a threshold (or ‘floor’) below which the variable interest rate could not fall, even if the reference rate (generally the Euribor) fell below it. Several thousands of lawsuits were filed in Spain claiming the illegality of ‘floor’ clauses in the light of the Directive on unfair terms[1][2] .  The Spanish association of users of banks, savings banks and insurance (ADICAE) brought a collective action again
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State of Israel’s continued presence in the Occupied Palestinian Territory is unlawful: Advisory Opinion by International Court of Justice

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The International Court of Justice has given on 19.7.2024 its Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem. It is recalled that, on 30 December 2022, the General Assembly of the United Nations adopted resolution A/RES/77/247 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on the following questions: “(a) What are the legal consequences arising from the ongoing violation by Israel of the right of the Palestinian people to self-determination, from its prolonged occupation, settlement and annexation of the Palestinian territory occupied since 1967, including measures aimed at altering the demographic composition, character and status of the Holy City of Jerusalem, and from its adoption of related discriminatory legislation and measures? (b) How do the policies and practice
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Anti-torture Committee again calls on Greece to reform its immigration detention system and stop pushbacks

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Council of Europe anti-torture Committee again calls on Greece to reform its immigration detention system and stop pushbacks. In a  report  on its ad hoc visit to Greece, which took place from 21 November to 1 December 2023, published together with the  response of the Greek authorities , the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ( CPT ) once again urges the Greek authorities to improve the conditions in the country’s immigration detention facilities, and especially the newly-built and EU-funded centres on the Aegean islands, while ensuring that foreign nationals are treated both with dignity and humanity (see the executive summary of the report in  English  or in  Greek ). The main objective of the November 2023 visit to Greece was to examine the treatment of foreign nationals deprived of their liberty under immigration legislation in pre-removal detention centres, in police and border guard stations and in
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Facial recognition at airports: Individuals should have maximum control over biometric data

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During its latest plenary, the European Data Protection Board (EDPB) adopted an Opinion on the use of facial recognition technologies by airport operators and airline companies to streamline the passenger flow at airports [1] . This Article 64(2) Opinion, following a request from the French Data Protection Authority, addresses a matter of general application and produces effects in more than one Member State. EDPB Chair Anu Talus said:  “More and more airport operators and airline companies around the world are piloting facial recognition systems allowing passengers to go more easily through the various checkpoints. It is important to be aware that biometric data are particularly sensitive and that their processing can create significant risks for individuals. Facial recognition technology can lead to false negatives, bias and discrimination. Misuse of biometric data can also have grave consequences, such as identity fraud or impersonation. Therefore, we urge airline companies and
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A pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal (ECJ)

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According to the Judgment of the Court of Justice in Case C-284/23 (Haus Jacobus) a pregnant worker must be afforded a reasonable time limit in order to be able to bring an action against her dismissal. A two-week time limit for making a request for leave to intervene appears to be insufficient.  A care-home employee challenges her dismissal before a German labour court. She relies on the prohibition of dismissal for pregnant women. The labour court considers that the action should normally be dismissed on the ground that it was brought out of time.  When the employee became aware of her pregnancy and brought the action, the ordinary time limit of three weeks following notification in writing of the dismissal, laid down by German law, had already lapsed. Furthermore, the employee failed to submit a request for leave to bring an action out of time within the additional time limit of two weeks [1] laid down by that law.  The labour court asks, however, whether the German legislation at i
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No right to physician-assisted death for applicant with motor neurone disease (ECtHR)

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In Chamber's judgment in the case of Daniel Karsai v. Hungary (application no. 32312/23) the European Court of Human Rights held, by 6 votes to 1, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights; and no violation of Article 14 (prohibition of discrimination) in conjunction with Article 8.  The case concerned the question of the asserted right to self-determined death of the applicant, who is a Hungarian national and has advanced amyotrophic lateral sclerosis (ALS) a type of motor neurone disease with no known cure.  He would like to be able to decide when and how to die before his illness reaches a stage that he finds intolerable. He would need assistance, but anyone assisting him would risk prosecution, even if he died in a country which allowed physician-assisted dying. He complained of not being able to end his life with the help of others and of discrimination compared to terminally ill pati
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Editorial

Editorial
George Kazoleas, Lawyer