Posts

Showing posts from 2025

Harassment During Job Interviews Under Cyprus Law

Image
By Giorgos Kazoleas, LL.M., Lawyer, Managing Partner at Legal Experts Cyprus Harassment or bullying during a job interview can now legally be considered workplace harassment. This is explicitly provided for in recent Cypriot legislation regarding workplace harassment, which widens the scope of application to include candidates for employment. The Legal Framework in Cyprus: Law 42(I)/2025 Law 42(I)/2025 (The Prevention and Combating of Violence and Harassment at Work Law), which came into force on April 11, 2025, explicitly extends protection against harassment and violence to the recruitment process and employment negotiations before a contract is signed. According to the interpretation of terms in Article 2 of the Law, the definition of an "employee" includes, among others, a person: "Whose employment relationship has not yet begun, in cases where the violation of the provisions of this Law has been committed during the recruitment process or at another stage of...

Legal research assistant in the United Nations Trade and Development (UNCTAD).

Image
Legal research assistant in the United Nations Trade and Development (UNCTAD). This position is located primarily in the United Nations Trade and Development (UNCTAD). The Internship Programme is unpaid and full-time, i.e., an intern is expected to work five days per week (40 hours).  This internship position is offered on an in-person basis. The internship will be located in the Division on International Trade and Commodities (DITC), Competition and Consumer Policies Branch. The internship will tentatively start on 19 January 2026 for 6 months. For in-person internships, interns must have a valid visa. All costs of travel, accommodation, medical insurance and living expenses must be covered by the intern. Work location: Geneva Expected duration: 19.01.26 -17.07.26 Deadline : Dec 16, 2025 More information and applications here

CJEU Ruling C-57/23: Police May Rely on Internal Rules to Store Suspect Data

Image
Judgment of the Court of Justice in Case C-57/23 (Policejní prezidium): The police of a Member State may decide, on the basis of internal rules, whether it is ecessary to store the biometric and genetic data of a person accused or suspected of a criminal offence.  Where national law sets appropriate time limits for a review of the need to store those data, it does not necessarily need to provide for a maximum period of storage . A Czech public official was interviewed by the police in the context of criminal proceedings involving him. Despite his objections, the police ordered the taking of his fingerprints, the taking of a buccal smear on the basis of which the police established a genetic profile, the taking of photographs and the drawing up of a description of him. That information was entered into various databases.  In 2017, the public official was convicted by final judgment of, inter alia, misconduct in public office. In separate proceedings, he challenged the identific...

Judicial Workload and Compensation: EU Law Does Not Mandate Extra Pay for Covering Vacant Posts (CJEU)

Image
Judgment of the Court of Justice in Case C-272/24 (Tribunalul Galați) on 13.11.2025: A judge who carries out tasks which fall to a vacant post at his or her court, in addition to those within the remit of the post to which he or she has been appointed, is not necessarily entitled to financial compensation. The grant of a rest period to compensate for the additional work is, under certain conditions, an adequate measure. The Galați Regional Court (Romania) is understaffed due to various judicial posts remaining vacant. A judge who has been working at that court since 2017 took the view that, since 2019, he has performed not only the tasks associated with his own post, but also, in part, those tasks linked to vacant posts.  Being of the opinion that he has worked overtime, that judge requested that he be remunerated for it. Specifically, he brought legal proceedings to claim a share of the net salaries and allowances attached to the vacant posts, divided by the number of judges in ac...

ECHR Rules on Employee Data Privacy: The Guyvan v. Ukraine Judgment

Image
This case before the European Court of Human Rights (ECHR) primarily concerned a complaint under Article 8 (Right to respect for private and family life) of the European Convention on Human Rights, specifically regarding the processing of data from an applicant's work mobile telephone by his employer. Facts The applicant, was an employee whose work mobile phone was also used for private calls. In the context of an internal investigation related to the use of the phone, his employer, P. company, obtained detailed information from the mobile phone operator. This information included the date, time, and type of communication (incoming/outgoing), and details about international roaming services. The employer requested this data to verify the applicant's presence at his workplace. The applicant subsequently lodged a civil claim against the company, arguing that the collection and processing of his personal data were unlawful and requesting that the company be ordered to provid...

The Delivery Delay Clause in Residential Construction Contracts: Consumer Protection in Cyprus and Europe

Image
By Giorgos Kazoleas, LL.M., Lawyer, Managing Partner at Legal Experts Cyprus The purchase or construction of a new residence is one of the most significant financial and personal decisions a consumer can make. Residential construction contracts or agreements for the sale of property under construction are a crucial and defining element of the entire process, as certain terms they may contain can be detrimental to the buyer. One of the most critical aspects is the contractual delivery time of the project and the provision for delay, through the so-called delivery delay clause. The Delivery Delay Clause: Its Role and Legal Nature The delivery delay clause (also known as a penalty clause in the event of default) is a term usually included in the contract that specifies a predetermined compensation amount that the contractor or seller must pay to the buyer for every day, week, or month of delay beyond the agreed delivery date. The purpose of the clause is twofold: -Compensatory: ...

Greece is ordered to pay financial penalties for failing to comply with a 2014 judgment of the Court of Justice

Image
Judgment of the Court of Justice in Case C-368/24 /Commission v Greece (Enforcement of the judgment on the Zakynthos landfill). Failure of a Member State to fulfil its obligations: Greece is ordered to pay financial penalties for failing to comply with a 2014 judgment of the Court of Justice. Greece is ordered to pay the European Commission a periodic penalty payment of €12 500 for each day of delay until the 2014 judgment has been complied with and a lump sum of €5 500 000 In the 2014 Commission v Greece judgment, [1] the Court held that Greece had failed to fulfil its obligations under two directives on waste. [2] [3]  Greece had not put an end to the use of a landfill in the Zakynthos National Maritime Park, the habitat of the ‘Caretta caretta’ sea turtle, even though the landfill was overfull and its malfunction represented a danger to health and the environment. With regard to the present case, an exchange of correspondence took place between the European Commission and Greece...

Car Finance: Undisclosed Commissions and Unfair Relationships (Hopcraft v Close Brothers)

Image
The UK Supreme Court delivered a major judgment that clarified the law on undisclosed commissions in motor finance, which has significant implications for the finance industry and millions of consumers. Issue: Does a car dealer who receives a commission from a lender for arranging finance in a tripartite transaction between customer, dealer, and lender in which a car is bought on credit owe a duty to the buyer of the car such as to enable that buyer (absent the requisite level of disclosure) to bring a claim against the lender for bribery or dishonest assistance, or under the Consumer Credit Act 1974 (the “CCA”)? Fiduciary Duty: The court ruled that, in a typical three-cornered motor finance transaction (dealer, lender, and customer), car dealers do not owe a fiduciary duty of loyalty to their customers. This overturned the Court of Appeal's finding that the commission payments constituted a form of "half-secret commission" and were a breach of fiduciary duty or a b...

Restriction on right to vote in general election did not breach rights of prisoner serving indeterminate sentence for rape (Hora v. United Kingdom)

Image
In Chamber’s judgment in the case of Hora v. the United Kingdom (application no. 1048/20) the European Court of Human Rights held, unanimously, that there had been no violation of Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights. The case concerned prisoner voting in the United Kingdom. The applicant’s case was the first to come before the Court concerning an election which had taken place following the steps taken by the United Kingdom to enforce the Court’s judgment in the case of Hirst v. the United Kingdom (no. 2) (application no. 74525/01). In the light of the developments since Hirst, the Court examined the manner in which the legislation in question had been applied to the specific applicant, in his particular circumstances. Considering the seriousness of his offending, his conduct, the risk he was found to pose to the public and the resulting imposition of a harsh sentence of indeterminate detention, the Court found that the r...

Discrimination at work: the rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities (CJEU)

Image
Judgment of the Court of Justice in Case C-38/24: Discrimination at work: The rights of persons with disabilities to protection against indirect discrimination extend to parents of children with disabilities. Employment and working conditions should be adapted to enable those parents to care for their child without the risk of being subject to indirect discrimination. A station operator repeatedly asked her employer to appoint her to a position with fixed working hours. Her request was based on the need to care for her son, who has extensive and comprehensive needs arising from disability. Her employer provided her with some accommodations on a provisional basis. However, the employer refused to make those accommodations permanent. The station operator contested that refusal before the Italian courts and the case reached the Italian Supreme Court of Cassation. That court referred questions to the Court of Justice because it had doubts as to the interpretation of EU law with regard to p...

Revisiting the Protection of Minority Shareholders in Company Law: EU, Comparative and National Perspectives: International Conference in Cyprus

Image
International Conference "Revisiting the protection of minority shareholders in company law: EU, comparative and national perspectives", Wednesday 15 October 2025, Department of Law, University of Cyprus. This conference is funded by the A. G. Leventis Foundation as part of the Research Project "Protection of minority shareholders in Cyprus company law and capital markets law: an EU and comparative analysis" (ProMiSh). The Host Organization is the University of Cyprus. The Principal Investigator of this Research Project and the coordinator of this conference is Thomas Papadopoulos, Associate Professor of Business Law at the Department of Law of the University of Cyprus. Dr. Georgios Zouridakis, PhD (Essex), is the Research Fellow of this Research Project. Protection of minority shareholders is a core subject of company law, but there is no recent international conference examining various EU, comparative and national perspectives on this area.  This confer...

Digital Services Act: The General Court annuls the Commission’s decisions setting the supervisory fee applicable to Facebook, Instagram and TikTok

Image
Digital Services Act: The General Court annuls the Commission’s decisions setting the supervisory fee applicable to Facebook, Instagram and TikTok. However, the effects of the annulled decisions are provisionally maintained. (Judgments of the General Court in Case T-55/24: Meta Platforms Ireland v Commission and T-58/24  TikTok Technology v Commission). The Digital Services Act (‘the DSA’) [1] entrusts the European Commission with supervisory tasks in relation to providers of certain services, designated as very large platforms or very large online search engines since they exceed a significant minimum threshold of users in the European Union.  In order to cover the costs necessary for that purpose and to perform those tasks, the Commission collects, from those providers, an annual fee which is determined on the basis of the number of average monthly users of each service concerned. [2]  On 2 March 2023, the Commission adopted a delegated regulation supplementing the DSA ...

Data Protection: The General Court dismisses an action for annulment of the new framework for the transfer of personal data between the European Union and the United States

Image
Judgment of the General Court in Case T-553/23 | Latombe v Commission: Data Protection: the General Court dismisses an action for annulment of the new framework for the transfer of personal data between the European Union and the United States. In so doing, it confirms that, on the date of adoption of the contested decision, the United States of America ensured an adequate level of protection for personal data transferred from the European Union to organisations in that country. The Charter of Fundamental Rights of the European Union [1] and the Treaty on the Functioning of the European Union (TFEU) [2] enshrine the right of every person to the protection of his or her personal data. On the basis of those legal instruments, and to avoid compromising the level of protection conferred within the European Union, EU secondary legislation [3] lays down the rules applicable to international transfers of personal data.  In accordance with those rules, if the European Commission considers ...

The payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence (CJEU)

Image
Judgment of the Court of Justice (1.8.2025) in Case C-665/23: Payment services: the payment card user is deprived of the right to obtain a refund of an unauthorised payment transaction of which he or she has become aware if he or she delayed in notifying it to his or her provider with intent or gross negligence This is the case even if he or she notified it to the payment institution within 13 months from the debit date. A consumer holds a gold deposit account with the company Veracash SAS. In March 2017 Veracash sent him a new withdrawal and payment card. Between March and May 2017, daily withdrawals were made from that account. The consumer in question claims, however, that he never received that payment card or authorised such withdrawals.  The Regional Court, Évry, (France), followed by the Court of Appeal, Paris, (France), dismissed his request for refund on the ground that the withdrawals at issue had not been notified to Veracash ‘without undue delay’, as required by the Mon...

School Fined for Unlawful Biometric Data Processing

Image
An Italian high school was fined by the data protection authority for using a fingerprint-based attendance system for administrative staff. The authority found the system lacked a legal basis and that employee consent was not a valid justification due to the power imbalance between employer and employee. Following a complaint, the Italian Supervisory Authority (SA) - Garante found out that a high school adopted a biometric recognition system that, in order to detect presence in office and prevent damage and vandalism, required the use of administrative staff's fingerprints. The workers involved were those who had given their consent and did not wish to use traditional methods of attesting their presence at the office. The Italian SA recalled that, according to the GDPR and the Italian Data Protection Code, the use of biometric data in the workplace requires a clear legal provision and specific guarantees for the rights of the data subjects. But the national provisions that prov...

Independence of judges: The double appointment of judges to the Polish Supreme Court is compatible with EU law (CJEU)

Image
In its judgment dated 1.8.2025 in Joined Cases C-422/23, C-455/23, C-459/23, C-486/23 and C-493/23), the Court of Justice ruled that  the double appointment of judges to the Polish Supreme Court is compatible with EU law. The Civil Chamber of the Polish Supreme Court has doubts about the independence and impartiality of the panels of three judges called upon to rule on five different appeals in cassation. In addition to a judge from the Civil Chamber, those judicial panels include two judges from the Labour and Social Insurance Chamber. The latter have been appointed to sit on the Civil Chamber for a period of three months. The unjustified and unconsented appointments of the latter judges, as well as the appointments of the panels called upon to rule on the five appeals, were decided by the First President and the President of the Civil Chamber of the Polish Supreme Court, who were allegedly appointed judges to that court under conditions incompatible with EU law. [1] The ...

When is a "Court" Really a Court? Exploring Article 47 of the EU Charter of Fundamental Rights

Image
 Written by George Kazoleas, Lawyer in Cyprus Article 47 of the EU Charter of Fundamental Rights, which enshrines the right to an effective remedy and to a fair trial, states that everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article (paragraph 1). This right is guaranteed without limitation to criminal charges and civil rights and obligations. As is well-known, the Charter applies at the national level only when Member States are implementing or derogating from EU law. This specific provision applies to all rights and freedoms deriving from EU law and corresponds to the rights provided for in Article 6, paragraph 1, of the ECHR (right to a fair administration of justice), ensuring, at a minimum, the protection afforded by Article 6 of the ECHR in relation to all rights and freedoms deriving from EU law. The purpose of this article is t...