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European Commission refers Poland to the Court of Justice to protect judges from political control

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European Commission decided to refer Poland to the Court of Justice of the EU regarding the new disciplinary regime for Polish judges, requesting an expedited procedure. On 3 April 2019, the Commission launched this infringement procedure on the grounds that the new disciplinary regime undermines the judicial independence of Polish judges and does not ensure the necessary guarantees to protect judges from political control, as required by the Court of Justice of the EU. Specifically, the Polish law allows ordinary court judges to be subjected to disciplinary investigations, procedures and sanctions on the basis of the content of their judicial decisions, including the exercise of their right under Article 267 of the Treaty on the Functioning of the European Union (TFEU) to request preliminary rulings from the Court of Justice of the EU. Moreover, the new disciplinary regime does not guarantee the independence and impartiality of the Disciplinary Chamber of the Supreme Co...
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Removal of a mother’s parental authority and adoption of her eldest son by foster parents: Violation of the right to respect for private and family life (ECHR)

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In Εuropean Court of Human Rights Grand Chamber judgment in the case of Strand Lobben and Others v. Norway (application no. 37283/13) the ECHR held, by 13 votes to four, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights in respect of both applicants, a mother and her son. The case concerned the domestic authorities’ decision to remove a mother’s parental authority and let foster parents adopt her son. The Court found in particular that the main reason for the authorities’ actions had been the mother’s inability to care properly for her son, in particular in view of his special needs as a vulnerable child. However, that reasoning had been based on limited evidence as the contact sessions between mother and son after his placement in foster care had been few and far between and the psychologists’ reports out-dated. In addition, a review of his vulnerability had contained barely any analysis and no e...
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Unfair and illegal terms of loan agreements used by banks

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Article by George Kazoleas,  Lawyer LL.M. (Banking & Capitalmarkets Law) It is well known that loan agreements contain terms and conditions that disturb the balance between the parties to the detriment of the borrower and are therefore legally and judicially  diagnosed as contrary to law. Despite this, most banks insist on including them in their new contracts, refusing to comply with court rulings even by the European Court of Justice. Especially, foreign currency loan agreements (such as the Swiss franc) contain many unfair and opaque terms. Particularly: The Bank had to inform the potential borrower of the foreign exchange risk and explain in detail the relevant clauses before concluding the loan. It is very common, that the loan agreement does not mention anything about this risk, nor does it appear that the borrower has been effectively and properly informed by a competent bank official. According to Cypriot and European legislation and case law, the loan...
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Continued preventive detention of convicted paedophile in view of risk of reoffending did not breach Convention but Administrative Court ought to have held hearing in his case (ECtHR)

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The case of B.M. v. Switzerland (application no. 50227/21) concerned the rejection of the application for release on licence made by the applicant, a paedophile who had been in preventive detention since 2005 following his conviction for sexual assault of minors, and the Administrative Court’s failure to hold a hearing in his case. In Chamber's judgment dated 12.5.2026, the European Court of Human Rights held, unanimously, that there had been no violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights. The Court found, in particular, that the Federal Supreme Court had adopted an approach consistent with the principles set out in its case-law on the justification for deprivation of liberty under paragraph 1 (a) of Article 5 of the Convention when it had held that the legal interests at stake were of high importance because they involved the physical and mental well-being of children, who were vulnerable individuals. The continuation of th...
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Fine EUR 150,000 to multinational company in Greece for GDPR violations

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The Greek Data Protection Authority has imposed a fine of 150,000 euros on PWC BS A.E. for violations of the General Data Protection Regulation. In particular, the Personal Data Protection Authority, upon a complaint, investigated on its own motion the legality of the processing of the personal data of employees of PWC BS (PRICEWATERHOUSECOOPERS BUSINESSSOLUTIONS SA) pursuant to which the abovementioned employees were forced to consent to the processing their personal data for three (3) distinct purposes. The Authority considered PWC BS as the controller: 1) has undergone unlawful processing, in breach of the provisions of Article 5 (1) (e); a) of the GDPR (principle of legality), the personal data of its employees, as it applied an inappropriate legal basis under Art. 6 (1)   a   GDPR (consent) instead of the appropriate legal basis for the performance of the contract, compliance with a legal obligation and the superior legal interest (Art. 6 (1), b, c' and g   ...
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The Title Deed Issue in Cyprus and the "Trapped Buyers" Phenomenon

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Article By Giorgos Kazoleas, Lawyer LL.M.  The issue of title deeds in Cyprus and the phenomenon of "trapped buyers" constitutes one of the greatest legal, financial, and social peculiarities of Cypriot real estate law. The Cypriot Peculiarity: Sale Without a Title Deed Under Cypriot law (pursuant to the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224), legal ownership of a property is transferred and acquired solely upon its registration with the Department of Lands and Surveys and the issuance of the relevant Certificate of Registration (Title Deed). However, a major peculiarity exists: it is entirely legal to sell a property that does not (yet) possess a separate title deed. This typically occurs in new developments (apartment buildings or residential complexes), where the title deed for the plot of land belongs to the developer, but the separate title deeds for each apartment or house can take years to be issued due to bureaucracy, pending ap...
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Moving between Member States without an identity card or passport - A fine amounting to 20% of the amount of the offender’s average net monthly income, is not proportionate to the seriousness of the offence

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In its Judgment in Case C-35/20 (6.10.2021) , the European Court of Justice ruled that a Member State may require its nationals to carry a valid identity card or passport when travelling to another Member State, irrespective of the means of transport used and the itinerary, subject to sanctions. While EU law does not preclude the imposition of a criminal penalty, it does preclude disproportionate penalties, such as a fine amounting to 20% of the offender's average net monthly income. A, a Finnish national, made a round trip between Finland and Estonia in August 2015 on a pleasure boat. During that trip, he crossed the international waters between Finland and Estonia. He was the holder of a valid Finnish passport, but did not have it with him during that trip. As a result, during a border check in Helsinki on his return, A was unable to produce his passport or any other travel document, although his identity could be established on the basis of his driving licence. The syyttäjä ...
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