Posts

Showing posts from October, 2019

Conversion of CHF mortgage loans within the EU is a fact. At what cost though?

Image
Article By Paris Hadjipanayis, Lawyer Ιn a recent high profile case (C-260/18) adjudicated by the first instance court of Warsaw, Poland, a preliminary question was forwarded to the European Court of Justice on the 03/10/2019 to decide on a number of questions regarding the effect of abusive consumer clauses inserted in a mortgage loan, specifically with reference to the issuing of a loan in Swiss Francs (CHF) currency and released in national (PLN) currency. The question concerned the fate of such a consumer clause, whether it could be enforceable and if not whether abolition could grant the right to a National court to insert provisions from national (domestic) applicable legislation to fill in the gaps and protect the contract as well as the consumer. The matter of interest rate also became relevant to this question as the interest imposed originally was the one based on the reference point of LIBOR CHF 3M and the usual marginal profit of the lending bank. The applicants alleged that …

Holocaust denial is not protected by the European Convention on Human Rights

Image
Ιn the case of Pastörs v. Germany (application no. 55225/14) the European Court of Human Rights held on 3.10.2019, unanimously, that the applicant’s complaint under Article 10 (freedom of expression) was manifestly ill-founded and had to be rejected, and, by four votes to three that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights. The case concerned the conviction of a Land deputy for denying the Holocaust during a speech in the regional Parliament. The Court found in particular that the applicant had intentionally stated untruths to defame Jews. Such statements could not attract the protection for freedom of speech offered by the Convention as they ran counter to the values of the Convention itself. There was thus no appearance of a violation of the applicant’s rights and the complaint was inadmissible. The Court also examined a complaint by the applicant of judicial bias as one of the Court of Appeal judges who had dea…

European Commission refers Poland to the Court of Justice to protect judges from political control

Image
European Commission decided to refer Poland to the Court of Justice of the EU regarding the new disciplinary regime for Polish judges, requesting an expedited procedure. On 3 April 2019, the Commission launched this infringement procedure on the grounds that the new disciplinary regime undermines the judicial independence of Polish judges and does not ensure the necessary guarantees to protect judges from political control, as required by the Court of Justice of the EU. Specifically, the Polish law allows ordinary court judges to be subjected to disciplinary investigations, procedures and sanctions on the basis of the content of their judicial decisions, including the exercise of their right under Article 267 of the Treaty on the Functioning of the European Union (TFEU) to request preliminary rulings from the Court of Justice of the EU. Moreover, the new disciplinary regime does not guarantee the independence and impartiality of the Disciplinary Chamber of the Supreme Court, which is c…