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In the case of N.D. v. Switzerland, the European Court of Human Rights held that there had been a violation of the right to life in a case involving violence against a woman by her partner. The applicant, who had been unaware of her partner’s criminal record, was kidnapped by him from her home after informing him that she wished to end their relationship. She was then falsely imprisoned over an 11-hour period and subjected to rape and ill-treatment. To this day, the applicant suffers from the psychological after-effects of the treatment inflicted on her. The Court found that the authorities had not done all that could reasonably have been expected of them to avert the real and immediate risk to the applicant’s life, of which they had been or ought to have been aware. It noted that there had been neither an adequate assessment of the risk to the applicant’s life nor operational measures which might have had a real chance of altering the course of events or mitigating the da...

In its Judgment in Case C-743/24 [Alchaster II] [1] as regards the arrest warrants issued by the United Kingdom, the Court of Justice ruled that a hardening of the conditions for release on licence does not, in principle, preclude the surrender of the requested person. Such hardening does not, in principle, amount to the imposition of a heavier penalty than the one initially provided for.  The Supreme Court of Ireland, for the second time, is referring a question to the Court of Justice in a case in which the Irish authorities question whether a person suspected of having committed a series of criminal offences in the United Kingdom should be surrendered to the latter State under the relevant provisions of the Trade and Cooperation Agreement (TCA) [2] between the European Union and the United Kingdom.  A District Judge of the Magistrates’ Courts of Northern Ireland (United Kingdom) issued four arrest warrants in respect of a person suspected of having committed terrorism-relat...

In its Judgment (27.2.2025) in Case C-203/22 (Dun & Bradstreet Austria) as regards the automated credit assessment, the Court of Justice ruled that the data subject is entitled to an explanation as to how the decision was taken in respect of him or her. The explanation provided must enable the data subject to understand and challenge the automated decision. In Austria, a mobile telephone operator refused to allow a customer to conclude a contract on the ground that her credit standing was insufficient. The operator relied in that regard on an assessment of the customer’s credit standing carried out by automated means by Dun & Bradstreet Austria, an undertaking specialising in the provision of such assessments. The contract would have involved a monthly payment of €10. In the ensuing dispute, an Austrian court found, by final decision, that Dun & Bradstreet had infringed the General Data Protection Regulation (GDPR). [1]. Dun & Bradstreet had failed to provide the custom...

Written by Efi Thoma * The cement industry plays a crucial role in the infrastructure development of both Greece and Cyprus. However, this essential sector also carries a significant environmental footprint. From quarrying raw materials to the energy-intensive production process, cement companies face increasing scrutiny and stringent legal obligations aimed at mitigating their impact on the environment. This article delves into the key environmental issues and the pertinent legal frameworks in Greece and Cyprus that cement manufacturers must navigate. Both Greece and Cyprus, as members of the European Union, are bound by a substantial body of EU environmental law. This includes cornerstone directives such as the Environmental Impact Assessment (EIA) Directive, the Industrial Emissions Directive (IED), the Waste Framework Directive, and legislation addressing climate change and biodiversity. These EU regulations are transposed into national law in both countries, forming the bedrock ...

In its Judgment in Case C-247/23 |[Deldits] [1] the European Court of Justice ruled that the rectification of data relating to gender identity cannot be made conditional upon proof of surgery. In 2014, VP, an Iranian national, obtained refugee status in Hungary by relying on their transgender identity and producing medical certificates drawn up by specialists in psychiatry and gynaecology.  According to those certificates, although that person was born female, their gender identity was male. Following the recognition of their refugee status on that basis, that person was nevertheless registered as female in the asylum register, which is kept by the Hungarian asylum authority and contains identification data, including gender, of the persons who have obtained that status in Hungary.  In 2022, on the basis of the abovementioned medical certificates, VP requested, inter alia, that the asylum authority rectify the entry in respect of their gender in that register, on the basis of ...

The Secretary General of the Council of Europe, Alain Berset, has called for further efforts to implement judgments from the European Court of Human Rights. Commenting on the  annual report for 2024  on the execution of the Court’s rulings, published today, the Secretary General said: “ This report shows what a concrete, positive impact judgments from the European Court of Human Rights have on the daily lives of the people of Europe. While a lot has been achieved, more needs to be done. The efficient execution of the Court's judgments is essential for the rule of law and democratic accountability in Europe .” The annual report from the Council of Europe’s Committee of Ministers shows that 992 cases were transferred from the European Court of Human Rights to Committee, which supervises their implementation by member states, in 2024. Of those 992 new cases, 194 were “leading” cases – often requiring action to be taken by states to prevent the same violations happ...

In its Judgments in Cases C-149/23 (Commission v Germany), C-150/23 (Commission v Luxembourg), C-152/23 (Commission v Czech Republic), C-154/23 (Commission v Estonia) and C-155/23 (Commission v Hungary), the Court of Justice ruled that five Member States are ordered to pay financial penalties for failing to transpose the Whistleblowers directive. They must pay a lump sum to the Commission; Estonia, if it has still not transposed the directive, must also pay a daily penalty payment. In several separate actions, [1] the Commission has requested the Court of Justice to declare that, by failing to adopt the provisions necessary to comply with the Whistleblowers directive [2] and, in any event, by failing to communicate those provisions to the Commission, Germany, Luxembourg, the Czech Republic, Estonia and Hungary have failed to fulfil their obligations [3] under that directive. It has also called for financial penalties to be imposed on all those Member States in the form of lump sums...

By Giorgos Kazoleas, Lawyer in Cyprus Third-country nationals residing in areas controlled by the Government of the Republic legally and continuously for the last five years prior to the submission of the application and holding a valid residence permit in the Republic can apply along with the required original documents in order to obtain the status of long-term resident in Cyprus. It often happens that the Administration (in this case the Immigration Department) does not properly assess the facts and circumstances of the applicant and does not properly check the requirement for obtaining the status, resulting in a rejection decision. This decision is notified to the applicant and must contain clear justification for the reasons for the rejection of the application. It must also state that the applicant has the right to appeal against the rejection decision within 75 days from the notification of the decision. According to the Aliens and Immigration Law, [1]   in order to...

The European Commission decided to refer Spain to the Court of Justice of the European Union for having failed to remedy an infringement in relation to the free movement of capital ( Article 63 TFEU ) due to a discriminatory tax treatment of non-resident taxpayers.  When a payment for transfer of assets is deferred for longer than a year or is paid in instalments over a period longer than a year, resident taxpayers may pay the tax either when the capital gain accrues or proportionally deferred on a cash flow basis. However, non-resident taxpayers are not offered this possibility of deferral and must pay the tax when the capital gains accrue at the time of the transfer of the assets. On 2 December 2021, the Commission sent Spain a letter of formal notice followed by a reasoned opinion on 23 May 2024. In its formal replies, and in subsequent technical exchanges with national authorities, Spain has maintained that its tax legislation is in line with EU law. The Commissio...