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In its Judgment (27.2.2025) in Case C-203/22 (Dun & Bradstreet Austria) as regards the automated credit assessment, the Court of Justice ruled that the data subject is entitled to an explanation as to how the decision was taken in respect of him or her. The explanation provided must enable the data subject to understand and challenge the automated decision. In Austria, a mobile telephone operator refused to allow a customer to conclude a contract on the ground that her credit standing was insufficient. The operator relied in that regard on an assessment of the customer’s credit standing carried out by automated means by Dun & Bradstreet Austria, an undertaking specialising in the provision of such assessments. The contract would have involved a monthly payment of €10. In the ensuing dispute, an Austrian court found, by final decision, that Dun & Bradstreet had infringed the General Data Protection Regulation (GDPR). [1]. Dun & Bradstreet had failed to provide the custom...

Written by Efi Thoma * The cement industry plays a crucial role in the infrastructure development of both Greece and Cyprus. However, this essential sector also carries a significant environmental footprint. From quarrying raw materials to the energy-intensive production process, cement companies face increasing scrutiny and stringent legal obligations aimed at mitigating their impact on the environment. This article delves into the key environmental issues and the pertinent legal frameworks in Greece and Cyprus that cement manufacturers must navigate. Both Greece and Cyprus, as members of the European Union, are bound by a substantial body of EU environmental law. This includes cornerstone directives such as the Environmental Impact Assessment (EIA) Directive, the Industrial Emissions Directive (IED), the Waste Framework Directive, and legislation addressing climate change and biodiversity. These EU regulations are transposed into national law in both countries, forming the bedrock ...

According to the Judgment of the European Court of Justice in Case C-20/24, a boarding pass may be sufficient to prove a confirmed reservation on a flight. Payment by a third party of the price of the package tour, including a flight, does not exclude the right to compensation in the event of long delay of a flight.  An air carrier offering charter flights concluded a contract with a tour operator. Under that contract, the carrier operated, on specific dates, flights for which that tour operator, after paying for the flights, sold tickets to air passengers. Two air passengers participated in a package tour, including a flight from Tenerife to Warsaw, the arrival of which was delayed by more than 22 hours. The contract relating to the package tour was concluded between a third company, on behalf of those passengers, and that tour operator. The passengers concerned claimed compensation from the air carrier under EU law. [1]  The latter refused to pay that compensation. It argued...

In its Judgment in Case C-247/23 |[Deldits] [1] the European Court of Justice ruled that the rectification of data relating to gender identity cannot be made conditional upon proof of surgery. In 2014, VP, an Iranian national, obtained refugee status in Hungary by relying on their transgender identity and producing medical certificates drawn up by specialists in psychiatry and gynaecology.  According to those certificates, although that person was born female, their gender identity was male. Following the recognition of their refugee status on that basis, that person was nevertheless registered as female in the asylum register, which is kept by the Hungarian asylum authority and contains identification data, including gender, of the persons who have obtained that status in Hungary.  In 2022, on the basis of the abovementioned medical certificates, VP requested, inter alia, that the asylum authority rectify the entry in respect of their gender in that register, on the basis of ...

The Secretary General of the Council of Europe, Alain Berset, has called for further efforts to implement judgments from the European Court of Human Rights. Commenting on the  annual report for 2024  on the execution of the Court’s rulings, published today, the Secretary General said: “ This report shows what a concrete, positive impact judgments from the European Court of Human Rights have on the daily lives of the people of Europe. While a lot has been achieved, more needs to be done. The efficient execution of the Court's judgments is essential for the rule of law and democratic accountability in Europe .” The annual report from the Council of Europe’s Committee of Ministers shows that 992 cases were transferred from the European Court of Human Rights to Committee, which supervises their implementation by member states, in 2024. Of those 992 new cases, 194 were “leading” cases – often requiring action to be taken by states to prevent the same violations happ...

In its Judgments in Cases C-149/23 (Commission v Germany), C-150/23 (Commission v Luxembourg), C-152/23 (Commission v Czech Republic), C-154/23 (Commission v Estonia) and C-155/23 (Commission v Hungary), the Court of Justice ruled that five Member States are ordered to pay financial penalties for failing to transpose the Whistleblowers directive. They must pay a lump sum to the Commission; Estonia, if it has still not transposed the directive, must also pay a daily penalty payment. In several separate actions, [1] the Commission has requested the Court of Justice to declare that, by failing to adopt the provisions necessary to comply with the Whistleblowers directive [2] and, in any event, by failing to communicate those provisions to the Commission, Germany, Luxembourg, the Czech Republic, Estonia and Hungary have failed to fulfil their obligations [3] under that directive. It has also called for financial penalties to be imposed on all those Member States in the form of lump sums...

The European Commission decided to refer Spain to the Court of Justice of the European Union for having failed to remedy an infringement in relation to the free movement of capital ( Article 63 TFEU ) due to a discriminatory tax treatment of non-resident taxpayers.  When a payment for transfer of assets is deferred for longer than a year or is paid in instalments over a period longer than a year, resident taxpayers may pay the tax either when the capital gain accrues or proportionally deferred on a cash flow basis. However, non-resident taxpayers are not offered this possibility of deferral and must pay the tax when the capital gains accrue at the time of the transfer of the assets. On 2 December 2021, the Commission sent Spain a letter of formal notice followed by a reasoned opinion on 23 May 2024. In its formal replies, and in subsequent technical exchanges with national authorities, Spain has maintained that its tax legislation is in line with EU law. The Commissio...

The European Public Prosecutor’s Office in Athens (Greece) has filed indictments in the Court of First Instance of Athens against a total of 100 suspects of fraud involving agricultural funds, for an overall damage of €2.9 million to the EU budget.    At issue are three indictments filed in the past months, following investigations into schemes to defraud the EU of subsidies for the use of pastureland.  Between 2017 and 2020, stockbreeders, mainly from Crete, successfully applied to EU agricultural funds destined to help the sector, paid by OPEKEPE, the Greek Payment Authority of Common Agricultural Policy (CAP) Aid Schemes, which is responsible for the management of the funds from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD). According to the investigation, the suspects submitted false declarations of ownership or falsified lease contracts of plots of land which in reality they did not own or ...

The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients). Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. Therefore, public confidence in justice systems also depends on the role played by lawyers. The  Council of Europe Convention for the Protection of the Profession of Lawyer  covers lawyers and their professional associations, whose role is vital in defending lawyers’ rights and interests as a profession. The Convention addresses entitlement to practise, professional rights, freedom of expression, professional discipline and specific protective measures for lawyer...