LegalPost.eu

The European Court of Human Rights has delivered its opinion in response to a request (no. P16-2026-002) for an advisory opinion made by the Constitutional Court of Grand Duchy of Luxembourg, under Protocol No. 16 to the European Convention on Human Rights. The request concerned the compatibility with Article 6 (right to a fair hearing) of the European Convention of the obligation for a lawyer facing disciplinary proceedings to appear in person at the hearing before the disciplinary body and, in the event of failure to do so, the resulting inability to be represented by counsel instead and to apply to the body in question to set aside an adverse decision entered in default (section 26 of the Law of 10 August 1991). It was made in the context of proceedings in which a former lawyer of the Luxembourg Bar had been disbarred for life by the Luxembourg disciplinary authorities. The Court clarified that the right to a fair hearing did not in principle preclude domestic legislation from...

With its recent decision in Forthwell Ltd v Pontegadea UK Ltd [2026] UKSC 33, handed down on September 17, 2026, the Supreme Court of the United Kingdom considered a particularly important issue of contract law: whether a contracting party can claim damages for loss suffered by a third party, and specifically by a company within the same group. The case concerned the historic Rogano restaurant in Glasgow. Forthwell, the tenant of the property, had granted the use of the premises to its wholly-owned subsidiary, Lynnet Leisure, which operated the restaurant. Following severe flood and fire damage, the restaurant was unable to reopen, and Lynnet suffered a significant loss of profits. Forthwell sought to recover these losses from the landlord. The Supreme Court dismissed the claim. It affirmed the general rule that a contracting party may recover damages for its own loss and not, in principle, for loss suffered by a third party. The Court declined to create a new, broader exception that ...

By Giorgos Kazoleas, Lawyer The protection of legal professional privilege is a fundamental pillar of the right to respect for private life and correspondence (Article 8 of the ECHR), as well as of the right to a fair trial (Article 6 of the ECHR). In recent years, as the use of digital means in the practice of law has become firmly established, the European Court of Human Rights (ECtHR) has delivered important judgments focusing mainly on the digital age, searches of law offices and the surveillance of communications between lawyer and client. Set out below is a selection of ECtHR case law on such matters: Seizure and retention of vast amounts of lawyers' digital data In Kırdök and Others v. Turkey (3 December 2019), the national authorities seized all the hard drives and digital files of a law office in the course of an investigation, without distinguishing between the documents relating to the case and the confidential files of other clients. The Court found a violat...

The ECtHR ruled in favor of a Greek judge in a case involving disciplinary proceedings for improper conduct on and off duty ( Savvas v. Greece ). The judge had served extrajudicial notices ( ex-officio legal notices) on three senior colleagues via a court bailiff, requesting that they retract negative comments made against him during a promotion procedure. He was subsequently placed on a three-month suspension. Invoking Article 10 (freedom of expression) of the European Convention on Human Rights, A. Savvas argued that he exercised his legal right to express his opinion in the extrajudicial notices, to defend himself against unfounded accusations, to protect his interests in the context of the promotion process, and to safeguard the public interest by ensuring a fair judicial promotion procedure. The ECtHR found a violation of Article 10 of the ECHR and awarded compensation for pecuniary damage: €5,211.15, non-pecuniary damage: €6,000, and costs and expenses: €1,000. In its judgme...

Written by Efi Thoma, Senior Global Legal Counsel  Europe’s approach to technology regulation is entering a more practical phase. After several years of ambitious rule-making, Brussels is increasingly focused on implementation, enforcement and simplification. For technology companies, the key question is no longer simply “What does the law require?” but “How do we make these requirements work in practice without unnecessarily slowing innovation?” The EU AI Act (Regulation (EU) 2024/1689) establishes a risk-based framework covering areas such as transparency, governance, human oversight and high-risk AI systems. As implementation progresses, the emphasis is increasingly on making the framework workable in practice, including through regulatory sandboxes and measures supporting implementation. For businesses, the practical approach is to embed AI governance into existing processes rather than create an entirely separate compliance structure. AI inventories, risk classification, procu...

International Criminal Court member states voted to dismiss prosecutor Karim Khan following disputed allegations that he sexually assaulted a female member of his staff. The Assembly of States Parties to the Rome Statute of the International Criminal Court held a special session on disciplinary proceedings involving an elected official on 24 July 2026 at United Nations Headquarters in New York. The Assembly adopted a decision, by secret ballot, by an absolute majority of 82 States Parties, finding that Mr. Karim Khan committed serious misconduct and serious breach of duty and removed him from office under article 46 of the Rome Statute. Following the decision, Deputy Prosecutors Nazhat Shameen Khan and Mame Mandiaye Niang, will continue to head the Office of the Prosecutor (the Office). Since Mr Karim A. A. Khan took a leave of absence in May 2025,  the Deputy Prosecutors have assumed responsibility for the leadership, management and administration of...

The case concerned the right not to be tried or punished twice – a right protected by Article 4 of Protocol No. 7 and known as the “ne bis in idem” principle. In its Grand Chamber judgment in the case of Jesus Pinhal v. Portugal (applications nos. 48047/15 and 2276/20) the European Court of Human Rights held, by fifteen votes to two, that there had been no violation of Article 4 of Protocol No. 7 (right not to be tried or punished twice) to the European Convention on Human Rights. The applicant had been a member and Vice-Chairman of the Banco Comercial Português bank (“the BCP”). Following a complaint, the Lisbon public prosecutor’s office, the Securities Market Commission (CMVM) and the Portuguese central bank (BdP) initiated proceedings against him for various criminal and administrative offences. Before the Court, the applicant argued that he had been tried three times for the same acts. The Court used this occasion to clarify the criteria to be applied in striking a fair bala...

Article By Giorgos Kazoleas, Lawyer LL.M.  The issue of title deeds in Cyprus and the phenomenon of "trapped buyers" constitutes one of the greatest legal, financial, and social peculiarities of Cypriot real estate law. The Cypriot Peculiarity: Sale Without a Title Deed Under Cypriot law (pursuant to the Immovable Property (Tenure, Registration and Valuation) Law, Cap. 224), legal ownership of a property is transferred and acquired solely upon its registration with the Department of Lands and Surveys and the issuance of the relevant Certificate of Registration (Title Deed). However, a major peculiarity exists: it is entirely legal to sell a property that does not (yet) possess a separate title deed. This typically occurs in new developments (apartment buildings or residential complexes), where the title deed for the plot of land belongs to the developer, but the separate title deeds for each apartment or house can take years to be issued due to bureaucracy, pending ap...

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...