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In its judgment in Case C-394/23 (Mousse) the EU Court of Justice ruled that a rail transport customer’s gender identity is not necessary data for the purchase of a transport ticket. The collection of data regarding customers’ titles is not objectively indispensable, in particular where its purpose is to personalise commercial communication.  The association Mousse challenged, before the French data protection authority (the CNIL), [1] the practice of the French railway undertaking SNCF Connect whereby the latter systematically requires its customers to indicate their title (‘Monsieur’ or ‘Madame’) (‘Mr’ or ‘Ms’) when purchasing transport tickets online. That association takes the view that that requirement infringes the General Data Protection Regulation (GDPR), [2] in particular in the light of the principle of data minimisation, because an indication of the title, which corresponds to a gender identity, does not appear to be necessary for the purchase of a rail transport ticket....

The European Commission has opened formal proceedings against TikTok for a suspected breach of the  Digital Services Act (DSA)  in relation to TikTok's obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November. Commission President, Ursula von der Leyen, said:  “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.” The proceedings will focus on management of risks to elections or civic disco...

Teresa Anjinho has been elected European Ombudsman by the European Parliament with 344 votes in favour. Ms Anjinho will take office on 27 February 2025. Ms Anjinho is a member of the supervisory committee of the European Anti-Fraud Office (OLAF) and a former Deputy Ombudsman of Portugal. She was also previously a Secretary of State for Justice and a Member of Parliament in Portugal. For more details, see  here . Welcoming the vote in the European Parliament, outgoing Ombudsman Emily O’Reilly, said: “I warmly congratulate Ms Anjinho on being elected European Ombudsman. This Office is key to ensuring the EU administration remains transparent and accountable to citizens and I wish her every success in the role. I also commend the hard work of the other candidates who participated in the election and wish them all the best.” Emily O’Reilly will remain European Ombudsman until the swearing-in ceremony for the new Ombudsman at the European Court of Justice on 27 February. ...

by Giorgos Kazoleas, Lawyer qualified in Cyprus & Greece The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of...

The EU Court of Justice ruled in Case C-295/23 (Halmer Rechtsanwaltsgesellschaft) that a holding by purely financial investors in a law firm may be prohibited. Such a prohibition is justified in order to ensure the independence of lawyers.  A Member State may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.  The German law firm Halmer Rechtsanwaltsgesellschaft is challenging before the Higher Bavarian Lawyers’ Court (Germany) a decision of the Munich Bar Association of 9 November 2021 which revoked its registration with the bar association on account of the fact that an Austrian limited liability company acquired shares [1] in it for purely financial purposes. Under the German legislation applicable at the ...

During its latest plenary, the European Data Protection Board (EDPB) published  guidelines on Art.48 GDPR  about data transfers to third country authorities and  approved a new European Data Protection Seal. Αs stated in a press release from the EDPB, in a highly interconnected world, organisations receive requests from public authorities in other countries to share personal data. The sharing of data can, for instance, be of help to collect evidence in the case of crime, to check financial transactions or approve new medications. When a European organisation receives a request for a transfer of data from a ‘third country’ (i.e. non-European countries) authority, it must comply with the General Data Protection Regulation (GDPR). In its guidelines, the EDPB zooms in on Art. 48 GDPR and clarifies how organisations can best assess under which conditions they can lawfully respond to such requests. In this way, the guidelines help organisations to make a decision on whether...

In its committee judgment in the case of Nezirić v. Bosnia and Herzegovina (application no. 4088/21) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for correspondence) of the European Convention on Human Rights.  The case concerned the seizure and examination of a lawyer’s mobile phone in the context of a criminal investigation against him. The Court was particularly concerned about the practical framework for the protection of legal professional privilege in cases such as this. Mr Nezirić’s phone was seized in his office and its entire contents copied, transferred and examined elsewhere, without either Mr Nezirić or a member of the Bar Association present. The data retrieved had subsequently been sifted through, but without any judicial supervision. Moreover, the entire copied contents of the phone had ultimately been submitted as evidence at trial, and not the sifted data. Principal facts  The applicant, S...

In its Judgment in Case T-82/24 (Administration of the State Border Guard Service of Ukraine v EUIPO) (RUSSIAN WARSHIP, GO F**K YOURSELF) the General Court ruled that the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark. That phrase, which has become a symbol of Ukraine’s fight against Russian aggression, is not perceived as an indication of a commercial origin.  The Administration of the State Border Guard Service of Ukraine (Kyiv, Ukraine) requests the General Court of the European Union to annul the decision of the European Union Intellectual Property Office (EUIPO) of 1 st December 2023, which refused registration of the following figurative sign as an EU trade mark: ‘RUSSIAN WARSHIP, GO F* *K yourself’ That mark is a war cry uttered by the Ukrainian border guard on Snake Island on 24th February 2022, the first day of the full-scale Russian invasion of Ukraine. Registration was sou...

The European Commission decided to refer Germany to the Court of Justice of the European Union for failing to eliminate discriminatory tax treatment of reinvested capital gains on the sale of German real estate. The Commission decided to refer Germany (INFR(2012)4037) to the Court of Justice of the European Union for having failed to remedy the infringement of the free movement of capital ( Article 63 TFEU  and  Article 40 of the EEA Agreement ) due to a discriminatory tax treatment of reinvested capital gains upon sale of real estate located in Germany.  Germany grants a deferral of taxation for reinvested capital gains made on the sale of real estate located in Germany, provided that the real estate has been attributed to the fixed assets of a domestic permanent establishment (Betriebsstätte in Deutschland) for an uninterrupted period of at least 6 years. Corporations established in Germany, even without a business activity therein, are deemed to have such a ...

Obligation on publisher of the Daily Mail to pay substantial “success fees" in defamation and breach of privacy cases was excessive. The case Associated Newspapers Limited v. the United Kingdom (application no. 37398/21) concerned the fact that Associated Newspapers Limited the publisher of the Daily Mail and the Mail on Sunday had been obliged to pay extensive costs incurred by claimants who had successfully sued it in privacy and/or defamation proceedings following articles it had published in print or online in 2017 and 2019.  Since one of the claimants had entered into a conditional fee arrangement (CFA) with his legal representative, and both had taken out “after-the-event” (ATE) insurance, Associated Newspapers Limited had been liable not only for their base costs, but also for fee uplifts including the “success fee” in the CFA and for their ATE insurance premiums.  In Chamber judgment (12.11.2024) in the case, the European Court of Human Rights held, unanimously, that t...

According to the Judgment of the General Court in Cases T-386/21 (Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission) and T-406/21 (UBS Group and Credit Suisse Securities (Europe) v Commission), the banks Crédit agricole and Credit Suisse participated in a cartel in the sector for suprasovereign bonds, sovereign bonds and public agency bonds denominated in US dollars (‘SSA Bonds’).  The General Court of the European Union confirms the Commission’s finding of an infringement and maintains the amount of the fines imposed in 2021. In 2018, the European Commission initiated proceedings for infringement of the competition rules involving Deutsche Bank, Bank of America, Crédit agricole and Credit Suisse (now UBS Group [1] ).  In 2021, the Commission found that those banks had entered into an agreement on the secondary market for suprasovereign, sovereign and agency bonds denominated in dollars (SSA bonds). According to the Commission, traders employed by ...

The European Ombudsman has suggested the European Commission make public all future opinions adopted by the independent ethics committee concerning former commissioners’ post-mandate jobs. Former commissioners are required to give the Commission two months’ notice when they intend to pursue a professional activity during the two years following their departure. The Commission then examines whether the intended activity is compatible with the commissioner’s post service obligations. If the activity is related to the former commissioner’s portfolio, the Commission consults with the Independent Ethical Committee before taking a decision. Under the Commission’s current practices, if a commissioner withdraws an approval request following a negative opinion from the ethics committee, the Commission does not publish the committee’s opinion. The Ombudsman noted that publishing these opinions would improve transparency and public scrutiny around the Commission’s ability to ensure...

In tis Judgment in Case C-109/23 (Jemerak) [1] the Court of Justice ruled that a notary does not breach the sanctions against Russia when he or she authenticates the sale of a property owned by an unlisted Russian company.  By authentication, a notary does not provide legal advisory services, but acts independently and impartially in the context of a function entrusted to him or her by the State.  A notary in Berlin (Germany) refused to authenticate a contract for the sale of an apartment situated in Berlin and owned by a Russian company. According to that notary, it cannot be ruled out that that authentication infringes the prohibition on the provision of legal advisory services to legal persons established in Russia. The European Union introduced that general prohibition [2] in 2022 with a view to increase pressure on Russia to end its war of aggression against Ukraine [3] . The Berlin Regional Court referred questions to the Court of Justice on this matter. The Court replie...

In Chamber's judgment dated 15.10.2024 in the case of Nsingi v. Greece (application no. 27985/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 §§ 1 and 5 (right to liberty and security / right to compensation) of the European Convention on Human Rights. The case concerned the rejection of the applicant’s claim for compensation for having been imprisoned pursuant to a sentence that had been handed down in respect of a different person, for whom he had been mistaken at the time of his arrest.  On 6 June 2018 the applicant was arrested by the police and, after verification of his identity, was registered under the name of an individual who had been sentenced to eight years’ imprisonment for drug possession. The prosecutor ordered that he be sent to prison.  On 20 June 2018 the applicant demanded that he be released, objecting that he was not the person who had been convicted and sentenced. The Criminal Court dismissed the appl...

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 ...

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 whe...

The European Court of Human Rights has elected on 23.9.2024 a new Vice-President of the Court – Judge Ivana Jelić (elected in respect of Montenegro). She will take up her duties on 1 November 2024.  The Court has also elected at the same date two new Section Presidents – Judges Lado Chanturia (elected in respect of Georgia) and Ioannis Ktistakis (elected in respect of Greece). They will also take up their duties on 1 November 2024. Ivana Jelić was born on 17 March 1975 in Podgorica, Montenegro and was elected Judge of the European Court of Human Rights on 12 July 2018. Lado Chanturia was born on 14 April 1963 in Tsalenjikha, Georgia, was elected Judge of the European Court of Human Rights on 8 January 2018 and is Vice-President of Section since 18 May 2023. Ioannis Ktistakis was born on 3 January 1971 in Thebes, Greece and was elected Judge of the European Court of Human Rights on 8 March 2021. (source/photo: echr.coe.int) Read more here

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...

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...