Entries by kpapastergiou
ECtHR Tsiolis v Greece (19.11.2024): the case law of the Supreme Administrative Court of Greece on the admissibility conditions for appeals violates the right of access to court.
ECtHR Tsiolis v Greece (19.11.2024): the case law of the Supreme Administrative Court of Greece on the admissibility conditions for appeals violates the right of access to court. The Supreme Administrative Court of Greece rejected his appeal for non-compliance with the admissibility requirements, considering that the issue of the compatibility of the contested provisions with […]
Single Member Court of Appeals of Thessaloniki 1320/2024: Income Taxation Code; Undistributed surplus of foreign exchange capital upon revocation of the operating license of a foreign shipping company established in Greece
Τhe list of categories of gross income subject to taxation stipulated by the Greek Income Taxation Code is exhaustive and not indicative, and it is not possible to apply them in a proportional or broad interpretation manner to categories of income other than those expressly mentioned.
CJEU C-264/23: Best price clauses in online accommodation booking platforms are not in principle contrary to EU competition law
In 2020 Booking.com brought an action before the Rechtbank Amsterdam (Amsterdam District Court, the Netherlands), which is the referring court in the present case, seeking a judgment that the best price clauses which it uses do not infringe Article 101 TFEU and that the defendants in the main proceedings have not suffered damage as a […]
Supreme Administrative Court of Greece 791/2023: Journalistic broadcasts. Impermissible transmission of original documents of criminal proceedings (extracts of forensic and toxicological reports).
Balancing the public interest in informing the public with the public interest in preserving the secrecy of the criminal proceedings; in the present case, it was not necessary in order to inform the public to reproduce and present extensively extracts from documents and reports of the criminal proceedings (forensic and toxicological reports), accompanied by relevant […]
CJEU of 11.7.24, C-554/21, C-622/21 and C-727/21: Independence of judges and effective judicial protection in areas governed by Union law
Following a petition by the Visoki trgovački sud, Croatian Court of Appeal for Commercial Disputes, in Financijska agencija v HANN-INVEST d.o.o. (C 554/21), MINERAL-SEKULINE d.o.o. (C 622/21) and UDRUGA KHL MEDVEŠČAK ZAGREB (C 727/21), concerning the interpretation of Article 19(1)(b) TEU and Article 47 TFEU, the CJEU has held that Article 19(b) TEU must be […]
New Act 5016/2023 consolidates arbitration as an equal dispute resolution mechanism and upgrades Greece into an attractive forum for international arbitrations, further contributing to the attraction of foreign investments
The central axis of the new regulations remains the basic principle of arbitration upholding the autonomy of the parties, which is already excluded from article 1 of the Act where its purpose is defined and pervades all the provisions.The most important of the new provisions are those concerning the expansion of the arbitrability of disputes, […]
Single Member Court of First Instance of Athens 2816/2022: The copyright holder of a computer program cannot object to the resale of a copy of it
Protection of intellectual property regarding computer programs; the fee paid for the granting of a license to use a computer program, distributed to general or specialized professionals, is the consideration, which the beneficiary claims from the end users; The copyright holder of the intellectual property right on a PC program cannot oppose to the resale […]
Amendment of Art. 20 of Act 4251/2014 (Golden Visa)
Citizens of third countries may complete their investment in one or more pieces of property in the areas of paragraph a, subpar. 2 of paragraph B of article 20 of Act 4251/2014, until December 31, 2023, with a minimum investment value of two hundred and fifty thousand (250,000) euros, subject to an advance payment of […]
ECtHR Georgiou v. Greece (57378/18), judgment of 14/03/2023: Areopagus’ failure to examine applicant’s request to seek a preliminary ruling from the Court of Justice constitutes a violation of the ECHR
The appeal concerned a request to the Supreme Court for a preliminary ruling from the Court of Justice of the European Union (CJEU) submitted by the applicant in criminal proceedings against him and the alleged absence of any reasoning by the Supreme Court which implicitly rejected this request.The applicant argued that, despite the relevant jurisprudence […]
