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According to the Judgment (30.1.2024) of the Court of Justice in Case C-442/22 [1] , an employee using her employer’s details to issue fake invoices is liable for the amount of the taxes entered on them. That is the case provided that the employer, who is a taxable person for VAT purposes, has exercised the due diligence reasonably required to monitor the conduct of its employee. Between January 2010 and April 2014, the employee of a company established in Poland operating a petrol station issued 1,679 invoices that did not reflect actual sales of goods, for a total amount (expressed in Polish zlotys) of approximately €320,000. To that end, she used the details of her employer, a taxable person for value added tax (VAT) purposes, without its knowledge or consent. The fake invoices were not recorded in that company’s tax returns. They were used by those who received them to obtain an undue refund of VAT, without the corresponding tax having been paid into the State budget. Follow

Following a significant number of complaints concerning the use by the European Personnel Selection Office (EPSO) of remote testing in selection procedures to recruit EU civil servants, the European Ombudsman carried out an own-initiative inquiry to look into the issues raised. The Ombudsman’s inquiry identified various issues in how EPSO organised and oversaw the remote tests, including regarding the requirements it put in place. The inquiry also identified shortcomings in the information provided by EPSO to applicants and candidates, as well as how it dealt with complaints and the rescheduling of tests. To address these, the Ombudsman made suggestions aimed at improving EPSO’s rules and administrative practices. The Ombudsman  closed the inquiry , as no further inquiries were justified. However, she urged EPSO to ensure it provides clear and consistent information concerning future ‘competitions’ and selection procedures to recruit EU civil servants. This is particularly importan

Regulation (EU) 2023/2844 establishes a uniform legal framework for the use of electronic communication between competent authorities in judicial cooperation procedures in civil, commercial and criminal matters and for the use of electronic communication between natural or legal persons and competent authorities in judicial procedures in civil and commercial matters. In addition, it lays down rules on: a) the use of videoconferencing or other distance communication technology for purposes other than the taking of evidence under Regulation (EU) 2020/1783; b) the application of electronic signatures and electronic seals; c) the legal effects of electronic documents; d) electronic payment of fees. Regulation applies to electronic communication in judicial cooperation procedures in civil, commercial and criminal matters, and hearings through videoconferencing or other means of distance communication technology in civil, commercial and criminal matters. This Regulation seeks t

The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also concerned the circumstances in which they were required to undergo a blood test.  In Chamber 's judgment(23.1.2024) in this case the European Court of Human Rights held, unanimously, that there had been two violations:  -A violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, with regard to two applicants, on account of the blood tests they had been required to undertake.  The Court considered that the blood samples imposed on two applicants had amounted to an interference with their private life and noted that this had not been in accordance with the law within the meaning of Article 8 of the Convention, given that the provisions of domestic law in issue ought to have been f

As every two years, the European Commission for the Efficiency of Justice (CEPEJ) publishes on its website, and on the special page of its database CEPEJ-STAT, a specific Study on notaries.  This study has been prepared by the Council of the Notariats of the European Union (CNUE), professional association with CEPEJ observer status. Based on 2020 data collected by the CEPEJ in the framework of its evaluation of judicial systems, this study practically complements and deepens the   Evaluation Report  published in 2022.  The Specific Study on Notaries  covers different themes relating to the profession of notaries in Europe and in particular the status, number, functions, competences, activities, best practices in the field of new technologies, training, and supervision and monitoring of the notariat. Similar studies are carried out concerning enforcement agents and judicial experts, and they are published in September on the CEPEJ and CEPEJ-STAT web pages. Trends and conclusions of the

By Giorgos Kazoleas, Lawyer A significant decision was issued by the CJEU [1] interpreting Articles 8 and 23 of Directive 2008/48/EC on consumer credit agreements and repealing Council Directive 87/102/EEC as regards the obligation of credit institutions to assess the creditworthiness of consumers before concluding the credit agreement.  Article 8 of that directive, entitled ‘Obligation to assess the creditworthiness of the consumer’, provides: ‘ 1. Member States shall ensure that, before the conclusion of the credit agreement, the creditor assesses the consumer’s creditworthiness on the basis of sufficient information, where appropriate obtained from the consumer and, where necessary, on the basis of a consultation of the relevant database. Member States whose legislation requires creditors to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement. 2. Member States shall ensure that, if the parties agree to c

In Chamber's judgment (14.12.2023) in the case of M.L. v. Poland (application no. 40119/21) concerning restrictions on abortion rights the European Court of Human Rights held, by five votes to two, 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 applicant alleged in particular that she had been banned from having access to a legal abortion in the case of foetal abnormalities, following a 2020 Constitutional Court judgment. She had become pregnant and the foetus was diagnosed with trisomy 21. A scheduled hospital abortion had been cancelled when the legislative amendments resulting from the Constitutional Court ruling had come into force. Unable to have an abortion in Poland, she had ultimately had to travel to a private clinic abroad for the procedure.  The Court found that the legislative amendments in question, which had forced her to travel abroad for an abortion at considerable expense

The European Ombudsman has criticised two practices that the European Medicines Agency (EMA) applies when handling access to documents requests. The first concerns EMA’s handling of certain requests for public access to documents by placing them in a chronological queue. In the Ombudsman’s view, this practice does not meet the requirement in the EU transparency regulation that the EU administration handle access requests promptly. The second practice concerns EMA restricting individuals to a maximum of five requests in the chronological queue at a given time and limiting each of these requests to no more than two documents. This ‘5-2 rule’ is arbitrary and does not take account of the length, complexity, or total number of documents falling within the scope of individual requests. As a result, the Ombudsman found it to constitute maladministration. The Ombudsman noted that EMA is already taking steps to phase out the chronological queue and asked the agency to report to her on it

According to the Judgment of the Court of Justice (21.12.2023) in Case C-680/21 (Royal Antwerp Football Club),  the rules of UEFA and the Belgian football association on ‘homegrown players’ could be contrary to EU law. A footballer and a Belgian club are challenging UEFA’s rules and those of the Belgian football association that require a minimum number of ‘home-grown players’ to be included in teams. The Court holds that that requirement could infringe both competition rules and the free movement of workers. However, the national court in charge of the case will have to verify whether or not that is the case. UEFA (Union of European Football Associations) requires football clubs to have a minimum number of ‘home-grown players’ in their teams. The Belgian football association (URBSFA) has adopted similar rules. In both cases, those rules define ‘home-grown players’ as players who are trained at national level, although UEFA’s rules also refer to players trained within a given club. A p

According to the Judgment (14.12.2023) of the Court of Justice in Case C-340/21 (Natsionalna agentsia za prihodite), the fear of a possible misuse of personal data is capable, in itself, of constituting non-material damage. The Bulgarian National Revenue Agency (the NAP) is attached to the Bulgarian Minister for Finance. In particular, it is responsible for identifying, securing and recovering public debts. In this context, it is a personal data controller. On 15 July 2019, the media reported an intrusion into the NAP IT system, revealing that, following that cyberattack, personal data concerning millions of persons had been published on the internet. Many individuals brought legal actions against the NAP for compensation for non-material damage caused by the fear that their data might be misused.  The Bulgarian Supreme Administrative Court refers several questions to the Court of Justice for a preliminary ruling on the interpretation of the General Data Protection Regulation (GDPR) .

Following the  EDPB’surgent binding decision of October 27th 2023 , the Irish data protection authority (IE DPA) adopted its final decision on 10 November 2023, imposing a ban on Meta Ireland Limited (Meta IE) for the processing of personal data for behavioural advertising purposes on the basis of contract and legitimate interest.  The EDPB urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to order final measures in this matter which would have effect in the entire European Economic Area (EEA). EDPB Chair Anu Talus said: “ After careful consideration, the EDPB considered it necessary to instruct the IE DPA to impose an EEA-wide processing ban, addressed to Meta IE. Already in December 2022, the EDPB Binding Decisions clarified that contract is not a suitable legal basis for the processing of personal data carried out by Meta for behavioural advertising. In addition, Meta has been found by the IE DPA to not have demonstrated compliance wi

Vacancy in World Intellectual Property Organisation: Legal Officer - 23363-FT / Business Development and Digital Content Disputes Section, WIPO Arbitration and Mediation Center, IP and Innovation Ecosystems Sector. Grade - P3 / Contract Duration - 2 years / Duty Station : CH-Geneva/ Application Deadline: 03-Jan-2024, 12:59:00 AM / Total salary:  $114,538 Coordinating with other vertical and horizontal WIPO sectors, the IP and Innovation Ecosystems Sector (IES) is responsible for helping Member States develop their IP and innovation ecosystems to drive enterprise and economic growth. IES is also responsible for providing support for researchers and innovators, as well as enterprises, including SMEs, in IP commercialization and otherwise using IP for business growth; issues relating to the emergence of IP as an asset class; and the development of advisory expertise in these and related areas, for example, in national IP strategies. Within IES, the position is located in the Busines

The European Ombudsman has opened an inquiry into how the European Commission ensures EU funds granted to Greece for border management do not contribute to fundamental rights violations. The inquiry follows a complaint from civil society organisations, which alleges that funding allocated to Greece through the EU’s Internal Security Fund (ISF) is contributing to human rights violations on the country’s border with Türkiye. The complainants argue that the Commission has failed to investigate persistent allegations of rights violations caused by the misuse of ISF funds by Greek beneficiaries. As a first step, the Ombudsman has sent a series of questions to the Commission. They cover topics such as what measures the Commission has in place to monitor ISF spending, if allegations of fundamental rights violations have had an impact in its approach to allocating new EU funds to Greece, and what procedures it has in place to enforce fundamental rights requirements when it comes to funding

An important decision was issued by the District Court of Limassol in Cyprus, which ruled in favor of the plaintiff, a Russian depositor of Laiki Bank, awarding damages of €780,832.90 for the "haircut" of deposits that took place in Cyprus in 2013, an amount which must be paid by the Central Bank and the Republic of Cyprus. This decision is the first to recognize the responsibility of the Republic of Cyprus and its obligation to pay compensation for the impairment of bank deposits made in Cyprus in 2013, after a number of rejection decisions on lawsuits brought by depositors who saw the savings of a lifetime to disappear overnight. The decision states in its conclusion: "The conclusion of the Court is that the impairment of the plaintiff's deposits was due to the negligent actions of the Central Bank (means the Republic of Cyprus) and the serious negligence of the CBC (means the Central Bank of Cyprus) and not for reasons relating to the rules of the market. The

According to Judgment (16.11.2023) of the European Court of Justice in Case C-333/22 (Ligue des droits humains) as regards the processing of personal data, decisions taken by a supervisory authority in the context of the indirect exercise of the rights of the data subject are legally binding. A court must be able to verify the grounds and the evidence on which they are based.  A citizen requests the Belgian autorité nationale de sécurité (National Security Authority) to issue him, for professional purposes, security clearance. He is refused that document on the ground that he had participated in demonstrations. Relying on his right of access to his data, that citizen makes a request to the Organe de contrôle de l’information policière (the Supervisory Body for Police Information), which informs him that he has only indirect access and that it will itself verify the lawfulness of the processing of his data. However, at the end of that verification, as allowed under Belgian law, that bod

On 27 October, the European Data Protection Board (EDPB) adopted an urgent binding decision instructing the Irish (IE) DPA as lead supervisory authority (LSA) to take, within two weeks, final measures regarding Meta Ireland Limited (Meta IE) and to impose a ban on the processing of personal data for behavioural advertising on the legal bases of contract and legitimate interest across the entire European Economic Area (EEA) . The urgent binding decision followed a request from the Norwegian Data Protection Authority (NO DPA) to take final measures in this matter that would have effect in the entire European Economic Area (EEA). The ban on processing will become effective one week after the notification of the final measures by the IE SA to the controller. The Irish DPC has notified Meta on 31/10 about the EDPB Urgent Binding Decision. The EDPB takes note of Meta's proposal to rely on a consent based approach as legal basis, as it was reported on 30/10. The Irish DPC is currentl

by Giorgos Kazoleas, Lawyer Nepotism in the legal profession is not only a domestic but a global phenomenon with timeless characteristics. Lack of meritocracy and favouritism during the process of recruitment and professional development of lawyers have common sources of nepotism and clientelism. Even in countries with advanced legal systems, such as the USA, the phenomenon of placing relatives and friends in high positions in law firms is very common. In the southern countries of Europe, nepotism stems mainly from family-oriented concepts deeply rooted in the subconscious of the societies. In smaller populated countries the phenomenon of employers' relatives and friends being preferred for jobs in law firms is more than common. In countries like India, the phenomenon of nepotism in the legal profession has particularly concerned the legal community, as there is a stronghold of a few privileged and powerful families which prevails  in the legal profession. Among lawyers and jud

In Chamber's judgment in the case of Pająk and Others v. Poland (applications nos. 25226/18, 25805/18, 8378/19 and 43949/19), the European Court of Human Rights held, by a majority (5 votes to 2), that there had been a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights in respect of all applicants, and a violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 8 (right to respect for private life) in respect of the three applicants who had lodged complaints under those provisions.  The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties after reaching retirement age conditional upon authorisation by the Minister of Justice and by the National Council of the Judiciary (“the NCJ”).  The Court took the view that judges should enjoy protection from

The Asser Institute, based in The Hague, and affiliated with the University of Amsterdam is seeking an enthusiastic Junior Researcher in International Human Rights Law on a full-time basis (38 hours per week/1 FTE – 32 hours per week also considered).  They will work on the ‘Enabling Civil Society Efforts to Address the Misuse, Diversion, and Abuse of Arms Exports in Latin America’ project and contribute to strengthen our research capacity regarding human rights and arms trade in Guatemala within the Research Strand on ‘ In the public interest: accountability of the state and the prosecution of crimes .’ The Junior Researcher will assist the Asser Project Leader, Senior Researcher  Dr León Castellanos-Jankiewicz  with research on the human rights implications of arms trafficking and diversion, including the development of instruction materials, conducting outreach with civil society organisations, organising conferences and delivering trainings. The Asser Institute is a research ce

According to the Judgment of the Court of Justice (19.10.2023) in Case C-655/21 (G. ST. T.), a custodial sentence of a minimum of five years for trade mark infringement may prove to be disproportionate.  Criminal proceedings for the infringement of trade marks were brought in Bulgaria against the owner of an undertaking selling clothes. The Bulgarian authorities conducted an inspection in a commercial establishment rented by the undertaking. They found that the signs affixed on the goods were similar to already registered trade marks. The trader was charged before the competent Bulgarian court in respect of use of trade marks without the consent of their proprietors. The Bulgarian legislation contains provisions which define the same conduct both as a criminal offence and as an administrative offence.  That court has asked the Court of Justice for clarification on the compatibility with EU law of the Bulgarian law penalising trade mark infringements, given that the penalties provided f