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According to the Judgment of the Court of Justice (21.12.2023) in Case C-680/21 (Royal Antwerp Football Club),  the rules of UEFA and the Belgian football association on ‘homegrown players’ could be contrary to EU law. A footballer and a Belgian club are challenging UEFA’s rules and those of the Belgian football association that require a minimum number of ‘home-grown players’ to be included in teams. The Court holds that that requirement could infringe both competition rules and the free movement of workers. However, the national court in charge of the case will have to verify whether or not that is the case. UEFA (Union of European Football Associations) requires football clubs to have a minimum number of ‘home-grown players’ in their teams. The Belgian football association (URBSFA) has adopted similar rules. In both cases, those rules define ‘home-grown players’ as players who are trained at national level, although UEFA’s rules also refer to players trained within a given club....

According to the Judgment (14.12.2023) of the Court of Justice in Case C-340/21 (Natsionalna agentsia za prihodite), the fear of a possible misuse of personal data is capable, in itself, of constituting non-material damage. The Bulgarian National Revenue Agency (the NAP) is attached to the Bulgarian Minister for Finance. In particular, it is responsible for identifying, securing and recovering public debts. In this context, it is a personal data controller. On 15 July 2019, the media reported an intrusion into the NAP IT system, revealing that, following that cyberattack, personal data concerning millions of persons had been published on the internet. Many individuals brought legal actions against the NAP for compensation for non-material damage caused by the fear that their data might be misused.  The Bulgarian Supreme Administrative Court refers several questions to the Court of Justice for a preliminary ruling on the interpretation of the General Data Protection Regulation (GDPR...

Following the  EDPB’surgent binding decision of October 27th 2023 , the Irish data protection authority (IE DPA) adopted its final decision on 10 November 2023, imposing a ban on Meta Ireland Limited (Meta IE) for the processing of personal data for behavioural advertising purposes on the basis of contract and legitimate interest.  The EDPB urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to order final measures in this matter which would have effect in the entire European Economic Area (EEA). EDPB Chair Anu Talus said: “ After careful consideration, the EDPB considered it necessary to instruct the IE DPA to impose an EEA-wide processing ban, addressed to Meta IE. Already in December 2022, the EDPB Binding Decisions clarified that contract is not a suitable legal basis for the processing of personal data carried out by Meta for behavioural advertising. In addition, Meta has been found by the IE DPA to not have demonstrated...

Vacancy in World Intellectual Property Organisation: Legal Officer - 23363-FT / Business Development and Digital Content Disputes Section, WIPO Arbitration and Mediation Center, IP and Innovation Ecosystems Sector. Grade - P3 / Contract Duration - 2 years / Duty Station : CH-Geneva/ Application Deadline: 03-Jan-2024, 12:59:00 AM / Total salary:  $114,538 Coordinating with other vertical and horizontal WIPO sectors, the IP and Innovation Ecosystems Sector (IES) is responsible for helping Member States develop their IP and innovation ecosystems to drive enterprise and economic growth. IES is also responsible for providing support for researchers and innovators, as well as enterprises, including SMEs, in IP commercialization and otherwise using IP for business growth; issues relating to the emergence of IP as an asset class; and the development of advisory expertise in these and related areas, for example, in national IP strategies. Within...

The European Ombudsman has opened an inquiry into how the European Commission ensures EU funds granted to Greece for border management do not contribute to fundamental rights violations. The inquiry follows a complaint from civil society organisations, which alleges that funding allocated to Greece through the EU’s Internal Security Fund (ISF) is contributing to human rights violations on the country’s border with Türkiye. The complainants argue that the Commission has failed to investigate persistent allegations of rights violations caused by the misuse of ISF funds by Greek beneficiaries. As a first step, the Ombudsman has sent a series of questions to the Commission. They cover topics such as what measures the Commission has in place to monitor ISF spending, if allegations of fundamental rights violations have had an impact in its approach to allocating new EU funds to Greece, and what procedures it has in place to enforce fundamental rights requirements when it comes to funding...

An important decision was issued by the District Court of Limassol in Cyprus, which ruled in favor of the plaintiff, a Russian depositor of Laiki Bank, awarding damages of €780,832.90 for the "haircut" of deposits that took place in Cyprus in 2013, an amount which must be paid by the Central Bank and the Republic of Cyprus. This decision is the first to recognize the responsibility of the Republic of Cyprus and its obligation to pay compensation for the impairment of bank deposits made in Cyprus in 2013, after a number of rejection decisions on lawsuits brought by depositors who saw the savings of a lifetime to disappear overnight. The decision states in its conclusion: "The conclusion of the Court is that the impairment of the plaintiff's deposits was due to the negligent actions of the Central Bank (means the Republic of Cyprus) and the serious negligence of the CBC (means the Central Bank of Cyprus) and not for reasons relating to the rules of the market. The ...

According to Judgment (16.11.2023) of the European Court of Justice in Case C-333/22 (Ligue des droits humains) as regards the processing of personal data, decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding. A court must be able to verify the grounds and the evidence on which they are based.  A citizen requests the Belgian autorité nationale de sécurité (National Security Authority) to issue him, for professional purposes, security clearance. He is refused that document on the ground that he had participated in demonstrations. Relying on his right of access to his data, that citizen makes a request to the Organe de contrôle de l’information policière (the Supervisory Body for Police Information), which informs him that he has only indirect access and that it will itself verify the lawfulness of the processing of his data. However, at the end of that verification, as allowed under Belgian law, that...

On 27 October, the European Data Protection Board (EDPB) adopted an urgent binding decision instructing the Irish (IE) DPA as lead supervisory authority (LSA) to take, within two weeks, final measures regarding Meta Ireland Limited (Meta IE) and to impose a ban on the processing of personal data for behavioural advertising on the legal bases of contract and legitimate interest across the entire European Economic Area (EEA) . The urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to take final measures in this matter that would have effect in the entire European Economic Area (EEA). The ban on processing will become effective one week after the notification of the final measures by the IE SA to the controller. The Irish DPC has notified Meta on 31/10 about the EDPB Urgent Binding Decision. The EDPB takes note of Meta's proposal to rely on a consent based approach as legal basis, as it was reported on 30/10. The Irish DPC is currentl...

by Giorgos Kazoleas, Lawyer Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism. Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common. In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails  in the legal profession. Among lawyers and jud...

In Chamber's judgment in the case of Pająk and Others v. Poland (applications nos. 25226/18, 25805/18, 8378/19 and 43949/19), the European Court of Human Rights held, by a majority (5 votes to 2), that there had been a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights in respect of all applicants, and a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private life) in respect of the three applicants who had lodged complaints under those provisions.  The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties after reaching retirement age conditional upon authorisation by the Minister of Justice and by the National Council of the Judiciary (“the NCJ”).  The Court took the view that judges should enjoy protection ...

The Asser Institute, based in The Hague, and affiliated with the University of Amsterdam is seeking an enthusiastic Junior Researcher in International Human Rights Law on a full-time basis (38 hours per week/1 FTE – 32 hours per week also considered).  They will work on the ‘Enabling Civil Society Efforts to Address the Misuse, Diversion, and Abuse of Arms Exports in Latin America’ project and contribute to strengthen our research capacity regarding human rights and arms trade in Guatemala within the Research Strand on ‘ In the public interest: accountability of the state and the prosecution of crimes .’ The Junior Researcher will assist the Asser Project Leader, Senior Researcher  Dr León Castellanos-Jankiewicz  with research on the human rights implications of arms trafficking and diversion, including the development of instruction materials, conducting outreach with civil society organisations, organising conferences and delivering trainings. The Asser In...

According to the Judgment of the Court of Justice (19.10.2023) in Case C-655/21 (G. ST. T.), a custodial sentence of a minimum of five years for trade mark infringement may prove to be disproportionate.  Criminal proceedings for the infringement of trade marks were brought in Bulgaria against the owner of an undertaking selling clothes. The Bulgarian authorities conducted an inspection in a commercial establishment rented by the undertaking. They found that the signs affixed on the goods were similar to already registered trade marks. The trader was charged before the competent Bulgarian court in respect of use of trade marks without the consent of their proprietors. The Bulgarian legislation contains provisions which define the same conduct both as a criminal offence and as an administrative offence.  That court has asked the Court of Justice for clarification on the compatibility with EU law of the Bulgarian law penalising trade mark infringements, given that the penalties p...

Eurojust is launching a selection procedure to establish a reserve list for the profile of Head of Legal Affairs Unit. The Legal Affairs Unit currently oversee the provision of expert legal advice in the area of regulatory and administrative law applicable to Eurojust. The Unit also provides procurement and contract management services to the organisation. Eurojust is the European Union Agency for Criminal Justice Cooperation. Through its unique expertise, Eurojust supports, strengthens and improves the coordination of investigations and prosecutions among the competent judicial authorities of EU Member States in the fight against serious and organised cross-border crime. Eurojust is facing considerable change, including the adoption of a new EU Regulation governing Eurojust and a rising caseload. Eurojust seeks to recruit dynamic, flexible, highly qualified staff to support its mission and further enhancement of the digitalisation of justice information systems. More information on th...

European Commission called on Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden to fully transpose EU rules on procedural safeguards for children in criminal proceedings. The Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden as well as an additional letter of formal notice to Germany for failing to fully transpose the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings ( Directive(EU) 2016/800 ) into national law. This Directive aims to guarantee common minimum standards regarding the  rights of children who are suspects or accused persons  in criminal proceedings to ensure their right to a fair trial across the EU.  The Commission considers that Germany, Hungary, the Netherlands, Austria, Romania, Slovakia and Sweden have failed to correctly transpose s...

Written by Efi Thoma*  A new Digital Finance Strategy is being implemented at EU level through Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets (MiCAR), in consistency with the European Commission’s (Commission) agenda to shape Europe’s digital future, by promoting the blockchain technology, since crypto-assets are inextricably linked to the latter. MiCAR will be directly and uniformly applicable in all Member States of the EU, having a binding legal effect, in December 2024, except for Titles III & IV which shall be applicable earlier, i.e. in June 2023. It establishes a bespoke and harmonised legal framework for crypto-assets issuers that seek to offer them across EU, as well as for crypto-asset service providers (CASPs) wishing to apply for an authorisation to provide their services in the EU single market. According to the recitals of MiCAR, the definition of crypto-assets is interpreted “as widely as possible to capture all types of crypto-asse...

In Chamber's judgment dated 10.10.2023 in the case of Pengezov v. Bulgaria (application no. 66292/14) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 (right to a fair hearing) of the European Convention on Human Rights as concerned the insufficient extent of the judicial review carried out by the Supreme Administrative Court. The Court held also that there had been no violation of Article 6 (right to a fair hearing) of the Convention as concerned the independence and impartiality of the Supreme Administrative Court, and a violation of Article 8 (right to respect for private life).  The case concerned a judge’s temporary suspension from his duties on account of his indictment for irregularities allegedly committed in the performance of his former duties.  The Court noted that following the applicant’s prosecution, he had been suspended from his duties as a judge, indefinitely and without pay, by a decision of the Supreme Judici...

The European Commission has prohibited, under the EU Merger Regulation, the proposed acquisition of Flugo Group Holdings AB (‘eTraveli') by Booking Holdings (‘Booking'). The acquisition would have allowed Booking to strengthen its dominant position on the market for hotel online travel agencies (‘OTAs') in the European Economic Area (‘EEA'). Booking did not offer remedies that were sufficient to address these concerns. The Commission's investigation The decision follows an  in-depth investigation  by the Commission of the transaction, which would have combined Booking and eTraveli, two leading providers of OTA services in a concentrated industry. Booking is the leading hotel OTA while eTraveli is one of the main providers of flight OTA services in Europe. Booking is also active in the market for metasearch services (‘MSS') mainly through its price comparison platform KAYAK. OTAs provide an important intermediation service, matching demand ...

PhD Candidate: The Law on the Use and Sharing of Health Data at the Radboud Business Law Institute, Nijmegen, The Netherlands The European legal framework has two competing goals in relation to health data. Health data should be used and shared for better healthcare and research. At the same time, data protection should always be ensured. This project is aimed at the exploration of this tension. It analyses whether the European legal framework leads to an adequate balance between data protection and the free movement of health data, both within and outside the context of Radboud Healthy Data programme. This position is part of the Radboud Healthy Data programme, particularly of work package 4 (ethical, legal and societal aspects, WP4).  Within the broader context of Healthy Data WP4, the legal PhD project is focused on the legal concerns in relation to the use and sharing of health data, both within and outside of the context of the Radboud Healthy Data programme.  Under t...

Change in the publication mode of the Official Journal of the European Union: How to consult information concerning cases lodged before the Court of Justice or the General Court or cases in respect of which a decision has been delivered by those courts from 1 October 2023.  On 1 October 2023, the Official Journal of the European Union will be switching to act-by-act publication. In this new publication mode, the Official Journal will no longer be a collation of acts with a table of contents. Instead, each act will be published individually as an authentic Official Journal in PDF format. In order to make it easier to consult the communications provided for in the Rules of Procedure of the Court of Justice and the General Court, those communications will nevertheless continue to be issued at the same intervals as they are currently and will be published in groups, in principle on Mondays.  Notices relating to cases lodged before the Court of Justice or the General Court or decis...

According to the Judgment of the General Court (27.9.2023) in Case T-172/21 (Valve Corporation v Commission), as regards the online video games, the Court confirms that geo-blocking of activation keys for the Steam platform infringed EU competition law.  In agreeing bilaterally to that geo-blocking, the operator of the Steam platform, Valve and five PC video games publishers unlawfully restricted cross-border sales of certain PC video games that are compatible with that platform. Acting on information received concerning geo-blocking of certain PC video games on the Steam platform according to users’ geographical location, the Commission began an investigation. By decisions of 20 January 2021, it found that the operator of the platform, Valve and five games publishers, namely Bandai, Capcom, Focus Home, Koch Media and ZeniMax, infringed EU competition law.  The Commission found that Valve and the five publishers had participated in a group of anti-competitive agreements or con...

European Ombudsman Emily O’Reilly  has asked the European Parliament  for formal support for her efforts to get the European Commission to act on her recommendations to reduce systemic delays in dealing with requests for public access to documents. In a Special Report to Parliament, the Ombudsman noted that while the Commission indicated that it is already implementing most of her suggestions, Ombudsman inquiries related to public access continue to show significant delays. These delays typically concern access requests related to areas of significant public importance. Recent examples show that it took the Commission over a year to deal with requests concerning documents relating to migration, EU recovery funds, and sanctions against Russia. At the same time, the Ombudsman has seen a sharp increase in complaints about access to document delays in the Commission, with the number in 2023 already four times higher than it was for the entirety of 2020.  “Citizens right...

One of the main objectives of  Convention 108+  is to facilitate the free flow of information between Parties to the Convention and from Parties to non-Parties while at the same time ensuring that the protection “flies” with the personal data when it leaves the jurisdiction of the Parties.  The main reasons for such requirements are laid down in the Preamble of the Convention: “(…) it is necessary to secure the human dignity and protection of the human rights and fundamental freedoms of every individual and, given the diversification, intensification and globalisation of data processing and personal data flows, personal autonomy based on a person’s right to control of his or her personal data and the processing of such data”. Pre-approved standardised safeguards provided by legally binding and enforceable instruments can ensure an appropriate level of protection guaranteed by Convention 108+ in cases where personal data are sent outside of its territorial scope of appli...

On 7th July 2023, the European Data Protection Supervisor and the European Data Protection Board’s trainees organised a Conference on the topic of Artificial Intelligence. Titled,  “the impact of AI on data protection: ensuring privacy in the era of innovation” , this joint event invited other trainees of the EU institutions to reflect on and discuss the developments of AI, their impact on individuals and their privacy, and some of the possible measures necessary to put in place to comply with data protection law. AI is a multidisciplinary topic, affecting numerous aspects of individuals’ day-to-day lives. To represent accurately the pluralism of this topic, the EDPS and EDPB trainees organised a panel discussion with various actors in the field - from technology experts, lawyers to politicians - each sharing their views and analysis. Discussions focused on taking stock of some of AI’s key developments so far, the risks that these may entail, the role of the EDPS and the...