LegalPost.eu

Motor vehicle liability insurance: EU law does not preclude the transfer of a claim for compensation held against an insurance company (Judgment of the Court of Justice of EU in Case C-277/25- Helpfind Funding and Others). In Poland, several people whose vehicles had been damaged in road traffic accidents received compensation from the insurance undertakings of the persons responsible for those accidents. They took the view that the sums that they had received did not fully remedy their material damage, and therefore assigned their compensation claims to companies specialising in debt recovery, in return for payment. [1] Those professionals then brought legal proceedings against the insurers concerned. The Polish court seised of those disputes referred the matter to the Court of Justice to enquire whether the EU Motor Insurance Directive [2] prevents such an assignment of the right to compensation.  The Court answers that question in the negative. It notes that the directive aims t...

An inquiry by European Ombudswoman Anjinho has found maladministration for how the European Commission dealt with a request for public access to a text message sent by the French President to the President of the European Commission concerning the EU-Mercosur trade deal. In response to the access request, which came from a journalist, the Commission indicated that the message had been automatically deleted due to the ‘disappearing messages’ feature having been activated on the President’s phone. In examining how the Commission handled the matter following a complaint by the journalist, the Ombudswoman’s inquiry was unable to establish whether the text message was deleted before or after the public access request was submitted. It was also not possible to establish whether the Commission searched for the text when it received the request or if it only did so a year later when it replied to the request. The Ombudswoman noted that the fact that these relevant timelines coul...

According to the Judgment of the Court of Justice dated 21.5.2026 in Joined Cases C-684/24  (Across Fiduciaria and Others) and C-685/24 (Unione Fiduciaria and Others), subject to a legitimate interest, the public has access to information on the beneficial ownership of trust mandates governed by Italian law. According to common practice, a trust mandate is an agreement whereby a trustee is entrusted with the management of property or rights in the interests of the settlor or other beneficiaries. Under the 4th Anti-Money Laundering Directive, [1] Member States must ensure that trustees provide, hold and make accessible information on the beneficial owners of trusts.  Those obligations also extend to other legal arrangements with a structure or functions similar to trusts. The Italian authorities have adopted measures to implement those obligations and have considered that the Italian trust mandate (mandato fiduciario) constitutes such a similar legal arrangement. They therefore...

By George Kazoleas, Attorney-at-Law An increasing number of lawyers appear daily on television shows, seeking exposure and recognition. Television has traditionally been a powerful medium for building their personal profile and attracting clients. However, this tactic often leads to unfair competition and distorts the very nature of the legal profession. Instead of earning their prestige through academic training and successful cases, they seek it under the public spotlight. "TV lawyers" often appear to satisfy an inherent narcissistic need for recognition and exposure. Their television presence enables them to express their views publicly and become central figures. Yet, to maintain their popularity and secure invitations from television networks, they are willing to disclose confidential information from case files they handle. This constitutes a severe violation of legal ethics and confidentiality, which can jeopardize not only the progress of the case but also the client’...

Giorgos Kazoleas, Lawyer in Cyprus The Articles of Association constitute the regulatory framework of a company, governing the internal relations between its members and management. Under Cyprus law, flexibility in adapting this document is vital, but it is not unchecked. The Amendment Process (Section 12 of the Companies Law, Cap. 113) Pursuant to Section 12 of the Companies Law (Cap. 113), a company may amend its articles of association by passing a Special Resolution, subject to compliance with the provisions of this Law and the conditions contained in the Company’s Memorandum of Association. The Company may amend specific articles or its articles of association in their entirety. For the amendment to be valid, a majority of at least 75% of the members present and voting at the General Meeting is required, and the prescribed notice must have been given (typically 21 days, unless otherwise provided for private companies). Subsequently, the company must submit the special reso...

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...

Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...

In Chamber's judgment dated 19.3.2026 in the case of B.G. v. France (application no. 70945/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.  The case primarily concerned the failure to afford the guarantees of the right to a fair trial during “caution” (rappel à la loi) proceedings initiated by the public prosecutor against the applicant for false accusation of rape.  The applicant, aged 16 at the time, had reported a 17-year-old man, L.A., to the police for rape. Following the discontinuance of the investigation into that complaint, L.A.’s mother reported the applicant to the police for making a false accusation.  Although the applicant stood by the details of her initial complaint, she was issued with a caution and was consequently included in the criminal history database for a five-year period.  The Court emphasised the importance and the ...

In Chamber's judgment in the case of Ramishvili v. Georgia (application no. 4100/24) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned civil defamation proceedings brought by the applicant, a well-known defence lawyer, against a prominent clergyman of the Georgian Orthodox Church, for statements he had made during a televised interview accusing him of being a “snitch” and feeding information to the secret services. The Court found that the clergyman’s statements had been made in the context of a matter of public interest, namely a high-profile criminal case, and that the applicant himself was a public figure who therefore had to show higher tolerance of others’ opinions.  However, the accusations against him had been very serious and should have had a solid basis in fact to be protected under the Convention. Instead of lookin...

By Giorgos Kazoleas, Lawyer in Cyprus For most people, purchasing property in Cyprus is the most significant investment of their lifetime. However, behind an attractive photo in an online listing or a "bargain" price, hidden legal traps can easily turn a dream investment into a financial nightmare. Property Due Diligence is far more than a mere formality. It is a rigorous, essential investigation that ensures the property you are buying is legally "sound," free of encumbrances, and in full compliance with urban planning regulations. What Does a Comprehensive Legal Check Include? Before any contracts are signed or any funds are transferred to the Seller, the following elements must be subjected to a thorough legal audit: Ownership Status: Is the seller the actual and sole registered owner? Do they hold the full share of the property being sold? Encumbrances and Charges: Are there any active mortgages, "memos" (court judgments), or other regional bur...