Showing posts from July, 2023

Investigation into possible anticompetitive practices by Microsoft regarding Teams opened by European Commission

The European Commission has opened a formal investigation to assess whether Microsoft may have breached EU competition rules by tying or bundling its communication and collaboration product Teams to its popular suites for businesses Office 365 and Microsoft 365. Microsoft is a global technology company offering productivity and business software, cloud computing and personal computing. Teams is a cloud-based communication and collaboration tool. It offers functionalities such as messaging, calling, video meetings, file sharing and brings together Microsoft's and third-party workplace tools and other applications. The coronavirus outbreak accelerated a shift to remote working as well as businesses' transition to the cloud and the adoption of cloud-based software for communication and collaboration. The transition to the cloud has enabled the emergence of new market players and business models offering customers the ability to use multiple types of software from different pro

Accidents on board an aircraft: The strict liability of airlines under the Montreal convention extends to inadequate first aid administered on board an aircraft

According to the Judgment of the European Court of Justice dated 6/7/2023 in Case C-510/21 (Austrian Airlines ),  as regards accidents on board an aircraft, the strict liability of airlines under the Montreal convention extends to inadequate first aid administered on board an aircraft. On a flight operated by Austrian Airlines, a jug containing hot coffee fell from a catering trolley and scalded a passenger. First aid was administered to him on board the aircraft. The passenger brought an action before the Austrian courts seeking damages and a declaration establishing Austrian Airlines’ liability for all future damage resulting from the aggravation of his burns on account of the inadequate first aid administered on board the aircraft. Austrian Airlines contends that the action should be dismissed, since it was brought after the expiry of the two-year time limit provided for in the Montreal convention [1] in respect of actions for damages relating to an accident that took place on

Case against Syria before the International Court of Justice: Public hearings to start on 19.7.2023

The International Court of Justice will hold public hearings in the case concerning Application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Canada and the Netherlands v. Syrian Arab Republic) starting on Wednesday 19 July 2023, at the Peace Palace in The Hague, the seat of the Court.  The hearings will be devoted to the request for the indication of provisional measures submitted by Canada and the Netherlands on 8 June 2023. On 8 June 2023, Canada and the Kingdom of the Netherlands filed a joint application instituting proceedings against the Syrian Arab Republic before the International Court of Justice (ICJ), concerning alleged violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Convention against Torture”).  In their Application, Canada and the Netherlands contend that “Syria has committed countless violations of international law, beginning at least in 2011, with its vi

Lawyers’ claims over legal fees awarded after unnecessary fragmentation of proceedings rejected as an abuse of the right of application (ECtHR)

In its final decision (8.6.2023) in the case of Ferrara and Others v. Italy (application no. 2394/22 and 18 others) the European Court of Human Rights has unanimously declared the applications inadmissible.   The case concerned the failure of the State authorities to pay legal fees awarded to the applicants by “assignment orders” (ordinanze di assegnazione) – enforcement orders aimed at implementing decisions or judgments issued under Law no. 89 of 2001 (“the Pinto Act”, a remedy dealing with excessively long proceedings before the courts).  The applicants are lawyers who were acting in this case as avvocati antistatari (lawyers who covered legal and other court fees for their clients and were directly awarded repayment by the courts). The Court held that the multiple applications lodged by the applicants were an abuse of the right of application under Article 35 § 3 (a) (admissibility criteria) of the European Convention on Human Rights. Facts The applicants, Alessandro Ferrara, Ferd