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Sanction imposed on judge for Facebook posts concerning matters of public interest infringed his freedom of expression (ECtHR)

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In Chamber’s judgment   in the case of Danileţ v. Romania (application no. 16915/21) the European Court of Human Rights held, by a majority (four votes to three), that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in particular concerning the broader context in which the applicant’s statements had been made, his participation in a debate on matters of public interest, the question whether the value judgments expressed had been sufficiently based in fact and, lastly, the potentially chilling effect of the sanction. In addition, the existence of an attack on the dignity and honour of the profession of judge had not been sufficiently demonstrated. In the
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The state's failure to implement sufficient measures to combat climate change violated ECHR

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The ECHR has delivered Grand Chamber rulings in three climate change cases. In one of them the Court found that the Convention encompasses a right to effective protection by the State authorities from the serious adverse effects of climate change on lives, health, well-being and quality of life. In Grand Chamber's judgment in the case of Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20) the European Court of Human Rights held, by a majority of sixteen votes to one, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights; and, unanimously, that there had been a violation of Article 6 § 1 (access to court).  The case concerned a complaint by four women and a Swiss association, Verein KlimaSeniorinnen Schweiz, whose members are all older women concerned about the consequences of global warming on their living conditions and health. They consider that the Swiss authorities
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Failure of an airline company to inform the data subject of completion of erasure request

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Failure of an airline company to inform the data subject of completion of erasure request and failure of transparency obligations resulted in the imposition of a fine equal to EUR 13,244. The Data Subject lodged her complaint with the Polish SA stating that she requested the data controller to erase all her personal data in the online interface provided by the data controller on 23 October 2018. In previous cases it has already been identified that the Hungarian SA is the LSA for the data controller, therefore case has been transferred.  Based on the data controller’s statement and the screenshot made by it on the relevant part of the IT system used to administer erasure requests, the data controller erased the Data Subject’s account on 23 November 2018, but failed to inform the Data Subject thereof prior to 6 March 2019.  The Hungarian SA founded that the data controller infringed Article 12(3) GDPR because it failed to inform the Data Subject of the action taken based on the reques
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Bulgaria and Romania joined the Schengen area

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On 31 March, Bulgaria and Romania became Schengen members: the Schengen rules will apply in both Member States including on issuing Schengen visas and controls at the internal air and sea borders will be lifted. The European Commission strongly welcomes this achievement, which follows the historic Council decision of December 2023. The Schengen accession of these two Member States will make the common area more attractive by significantly expanding the world's largest common area without internal border controls. Since last December, both Member States have taken all necessary measures to ensure a smooth application of the Schengen rules as from 31 March 2024. The Cooperation Frameworks launched earlier this March by the Commission together with Bulgaria and Romania build on the successful implementation of the pilot projects for fast asylum and return procedures. With these Cooperation Frameworks, Romania and Bulgaria will further contribute to strengthening the cooperation on
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The national legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law (ECJ)

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According to the Judgment of the European Court of Justice in Case C-10/22, the national legislation under which independent companies established in another Member State are excluded from copyright management is incompatible with EU law. The legislation constitutes a restriction on the freedom to provide services that is neither justified nor proportionate. LEA is a collective management organisation that is governed by Italian law and authorised to operate in the field of copyright intermediation in Italy. Jamendo, a company incorporated under Luxembourg law, is an independent copyright management entity which has been operating in Italy since 2004.  LEA applied to the Rome District Court for an order requiring Jamendo to cease its copyright intermediation activity in Italy. According to Italian legislation, that activity is reserved exclusively to the Italian society of authors and publishers and to the other collective management organisations listed, such as LEA, whereas independe
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The European Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant

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The Commission urges Germany, Spain, Latvia and Slovenia to comply with cross-border judicial procedures on the European Arrest Warrant.   The European Commission decided to send an additional letter of formal notice to Germany, Latvia and Slovenia and a reasoned opinion to Spain for failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States ( Council Framework Decision 2002/584/JHA ). The  European arrest warrant  (EAW) is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order. Operational since 1 January 2004, the EAW has replaced the lengthy extradition procedures that existed between EU Member States. The Commission first sent a letter of formal notice to Germany in February 2021, to Spain in May 2021, to Latvia in December 2021 and to Slovenia in February 2022. On analysis of their replies, the Commissio
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Six new judges sworn in at the seat of the International Criminal Court

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Six new judges of the International Criminal Court (ICC) were sworn on 8 March 2024, during a ceremony held at the seat of the Court in The Hague (Netherlands). During the Ceremony, participants also bid farewell to the six outgoing ICC judges ending their terms.  Judges Mr Keebong Paek (Republic of Korea), Mr Erdenebalsuren Damdin (Mongolia), Ms Iulia Motoc (Romania), Mr Haykel Ben Mahfoudh (Tunisia), Mr Nicolas Guillou (France) and Ms Beti Hohler (Slovenia) were elected for nine-year terms during the twenty-second session of the Assembly of States Parties (ASP) to the Rome Statute in December 2023.  The six new judges commenced their mandates on 11 March 2024 and will subsequently be called to full-time service on the basis of the workload of the Court. The six judges made a solemn undertaking in open court before the President of the ASP, H.E. Ms Päivi Kaukoranta, stating: "I solemnly undertake that I will perform my duties and exercise my powers as a judge of the Internati
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Overcoming the challenges on big infrastructure projects by adopting a similar model to Hellenic Republic Asset Development Fund in Cyprus

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Written by Efi Thoma, Lawyer LL.M. By adopting a hybrid akin model to Greece, i.e. the Hellenic Republic Asset Development Fund (“HRADF”), pertaining to the privatization of Cyprus’ major public assets, the following benefits may accrue to the Republic of Cyprus.  From a financial perspective, the Republic of Cyprus would be eligible to attract some serious investors who would feel safe to invest into big public-private projects and respond to public tenders, by trusting an independent body of international experts, acting in full transparency and in accordance to the rules of private economy, while safeguarding the public interest. Hence, the Cypriot economy could grow exponentially by improving its international image and securing high-quality investments with a positive spillover effect on the country’s real economy. Furthermore, a budgetary discipline and sound financial management of such joint initiatives in terms of the privatization of Cyprus’ public assets, through the est
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European Commission fines Apple over €1.8 billion over abusive App store rules for music streaming providers

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The European Commission has fined Apple over €1.8 billion for abusing its dominant position on the market for the distribution of music streaming apps to iPhone and iPad users (‘iOS users') through its App Store. In particular, the Commission found that Apple applied restrictions on app developers preventing them from informing iOS users about alternative and cheaper music subscription services available outside of the app (‘anti-steering provisions'). This is illegal under EU antitrust rules. Apple is currently the sole provider of an App Store where developers can distribute their apps to  iOS users throughout the European Economic Area (‘EEA'). Apple controls every aspect of the iOS user experience and sets the terms and conditions that developers need to abide by to be present on the App Store and be able to reach iOS users in the EEA. The Commission's investigation found that Apple bans music streaming app developers from fully informing iOS users about alter
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Defective products: New EU - rules to better protect consumers from damages

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European Parliament adopted on 12.3.2024 new EU consumer-protection rules to better respond to increased online shopping, emerging technologies and the transition to a circular economy. EU consumers will soon have easier access to compensation for damage caused by defective products. MEPs adopted revamped rules previously  agreed on with EU governments on 14 December 2023 , with 543 votes in favour, 6 against and 58 abstentions. The updated directive simplifies burden of proof requirements for those claiming compensation and cancels the minimum damage threshold of 500 euro. While the claimant would normally have to prove that the product was defective and its faultiness caused the damage, now a court can presume it is defective, especially in the most technically and scientifically complex cases. The court can also order the business to disclose the “necessary and proportionate” evidence to help victims of damage with their compensation claims. The new rules also allow national con
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Refusal to issue in addition to a passport, an identity card serving as a travel document, on the sole ground that a person is domiciled in another Member State, is contrary to EU law (ECJ)

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According to the Judgment of the Court in Case C-491/21 ( Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date ), the refusal by a Member State to issue to one of its nationals, in addition to a passport, an identity card serving as a travel document, on the sole ground that he or she is domiciled in another Member State, is contrary to EU law. That refusal restricts the right to freedom of movement within the European Union, creating a difference in treatment between citizens domiciled abroad and those domiciled in that Member State. Since 2014, a Romanian lawyer has been domiciled in France and carries out his professional activities in both France and Romania. In 2017, he applied to the Romanian authorities to be issued with an identity card, whether simple or electronic, as a travel document enabling him to travel to France. That application was rejected on the ground that he was domiciled abroad. Hearing that case, the High Court of Cassation and Justice (Romania)
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Digital Markets Act: The application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed

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According to the Order of the President of the General Court in case T-1077/23 (R| Bytedance v Commission), the application by Bytedance (TikTok) seeking suspension of the Commission decision designating it as a gatekeeper is dismissed. Bytedance has failed to demonstrate the urgency required for an interim order in order to avoid serious and irreparable damage. Bytedance Ltd is a non-operating holding company established in China in 2012 which, through local subsidiaries, provides the entertainment platform TikTok. By decision of 5 September 2023, the Commission designated Bytedance as a gatekeeper under the Digital Markets Act (Regulation (EU) 2022/1925 of 14 September 2022 on contestable and fair markets in the digital sector).  In November 2023, Bytedance brought an action for annulment of that decision. By separate document, Bytedance lodged an application for interim measures seeking suspension of that decision.  By his order, the President of the General Court dismisses Bytedanc
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Vacancy: Legal Adviser at the International Labor Organization, Geneva, Switzerland

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International Labor Organization (ILO) based in Geneva, invites interested candidates to submit their curriculum vitae for the position of Legal Adviser. The position of Legal Adviser directs the Office of the Legal Adviser, which  is responsible for providing legal advice and a full range of legal services on all matters implicating the legal interest of the Organization, including legal opinions, Office documents, Memoranda or briefs, concerning its Constitution, membership, governance structure, rules and activities. All officials, whether at headquarters or in the field, in the performance of their functions are expected to seek legal advice and any necessary legal services on all such matters to enable them to act in the best interests of the Organization in accordance with ILO rules and procedures.  Education Advanced university degree (Master’s degree or equivalent) in law.  A first-level university degree (Bachelor’s or equivalent) in law with an additional two years of
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Very serious threats to democracy, the rule of law and fundamental rights in Greece, finds a resolution of the European Parliament

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The European Parliament raised on 7.2.2024 the alarm over several worrying developments in Greece threatening the rule of law, and called on the Commission to act. In a resolution adopted with 330 votes in favour, 254 against, and 26 abstentions, MEPs express grave concerns about very serious threats to democracy, the rule of law and fundamental rights in the country. Media freedom Regarding media pluralism and the safety of journalists, MEPs complain about the lack of progress in the investigation into the murder of George Karaivaz in April 2021. They denounce that journalists are subject to physical threats and verbal attacks (also from high-ranking politicians), violations of their privacy with spyware, and abusive lawsuits –including from the Prime Minister’s entourage. Parliament also has concerns over the independence of the national audiovisual regulatory authority, the concentration of media in the hands of oligarchs, and the distribution of state subsidies. Spyware
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Anonymous birth: Fair balance between applicant’s right to find out her origins and her biological mother’s right to remain anonymous in compliance with Article 8 of ECHR

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In Chamber's judgment dated 30.1.2024 in the case of Cherrier v. France (application no. 18843/20) the European Court of Human Rights held, by six votes to one, 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 the refusal by the National Council for Access to Information about Personal Origins (Conseil national pour l’accès aux origines personnelles – “the CNAOP”) to inform the applicant, who was born to anonymous parents, of the identity of her biological mother. The applicant had applied for information about her origins to be disclosed, but the mother had reasserted her choice not to reveal her identity.  The Court held that the refusal in issue had amounted to an interference with the applicant’s right to respect for her private life under Article 8 of the Convention. That interference was in accordance with the law and pursued the aim of protecting the biological mother’
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Compensation for air passengers in the event of long delay of flights (ECJ)

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Passengers who did not present themselves for boarding for a flight which arrived with a long delay or who purchased a ticket for an alternative flight and arrived at the destination with a delay of less than three hours are not entitled to fixed compensation. In such circumstances, damage consisting in a loss of time cannot be established. This is the conclusion of two recent decisions of the CJEU published on 25.1.2024 [1]. According to the facts, a delay of more than three hours was announced in respect of two flights from Düsseldorf to Palma de Mallorca operated by the airline Laudamotion. Worried that the delay of the flight on which they had a reservation would cause them to miss a business appointment, two passengers decided not to take their flights. The first passenger’s flight arrived with a delay of 3 hours and 32 minutes. As for the second passenger, he independently booked an alternative flight and arrived at the destination with a delay of less than three hours in relatio
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Employee monitoring: French Data Protection Authority fined Amazon France Logistique €32 million

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On 27 December 2023, the French Data Protection Authority (CNIL) fined Amazon France Logistique €32 million for setting up an excessively intrusive system for monitoring employee activity and performance. The company was also fined for video surveillance without information nor sufficient security. Amazon France Logistique   manages the Amazon group's large warehouses in France, where it receives and stores items and then prepares parcels for delivery to customers. As part of its activities, each warehouse employee is given a scanner to document the performance of certain tasks assigned to them in real time (storage or removal of an item from the shelves, putting away or packing, etc.). Each scan carried out by employees results in recording of data, which is stored and used to calculate indicators providing information on the quality, productivity and periods of inactivity of each employee. Following press articles about practices of the company in its warehouses, the CNIL c
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Graduate Programme 2024 for EU Nationals in European Central Bank

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European Central Bank (ECB) is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme offering full time monthly net salary €4,611 plus benefits. General Information  Type of contract: Two-year fixed-term contract starting on 1 September. It may be extended for one additional year upon successful completion of the programme. Who can apply?  EU nationals Salary  E/F (bracket 1 - step 1) full time monthly net salary: €4,611 plus benefits, for further information see  here . Working time:  Full time Place of work:  Frankfurt am Main, Germany Closing date:  21.02.2024 ECB is looking for 15 highly talented recent graduates with a postgraduate degree, eventually a PhD, for the ECB’s Graduate Programme.  You will have different ages, backgrounds and interests and will find intellectual challenges, varied opportunities and a people-centred working culture that gives you a voice and the chance to make an i
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Torture and ill-treatment in places of detention in Europe: PACE calls for stronger action

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Adopting a resolution on allegations of systemic torture and inhuman or degrading treatment or punishment in places of detention in Europe, based on a report by Constantinos Efstathiou (Cyprus, SOC), the Parliamentary Assembly of CoE called for enhanced measures to combat and eliminate torture and other forms of ill-treatment in detention facilities. "The Council of Europe must ensure that the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is upheld. Persons in detention are in a vulnerable position, and States are under a duty to protect their physical well-being and to account for any injuries suffered” , the Assembly said. Parliamentarians strongly condemned “the systemic or widespread use of torture and other forms of ill-treatment” in States such as Russia, Azerbaijan and Türkiye and cited reports that reveal videos and photos of torture and ill-treatment in Russian prisons, ‘Terter cases’ in Azerbaijan where detainees were
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Editorial

Editorial
George Kazoleas, Lawyer