Judgment of the Court of Justice of the European Union
3 October 2019 in Case C-260/18
……… and …… v Polish Bank ……..
Summary : Reference for a preliminary ruling. Consumer protection. Unfair terms in consumer loan contracts concluded in Poland and indexed to a foreign currency. Possibility for the court to modify the contract by recourse to general provisions of national law — Assessment of the consumer’s interests — Maintenance of the contract’s validity without unfair terms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)

JUDGMENT OF THE COURT OF THE EUROPEAN UNION(Seventh Chamber)
5 June 2019 in Case C 38/17

Summary : Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 3(1) — Article 4(2) — Article 6(1) — Loan agreement denominated in foreign currency (swiss franc CHF) — The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded
Request for a preliminary ruling under Article 267 TFEU from the Budai Központi Kerületi Bíróság (Central District Court, Buda, Hungary), made by decision of 14 December 2016, received at the Court on 24 January 2017

December 2018
By George Tserkezis, Dr.Jur., Attorney at Law

The use of internet and today’s digital tools –including blockchain- facilitates not only collecting and treating incredible masses of data related to often rising disputes and studying their patterns, but also can shape the optimal ways to address those problems.

By Dr. Vasiliki Kostavara

The Court applies Article 288 of the Civil Code on lease back contracts, when there is an imbalance in the rent and rental value of the property. The negative and non-transitory change in the country's financial data by resorting to IMF lending and the EU support mechanism, in order to avoid a large scale credit event has led to the reduction in government spending on mental health, to develop psychosocial rehabilitation structures. The leasing company undertakes the business risk of entering the contract, whereas the finding that there is an overrun of the total rents received, even in the case of a judicial reduction of the rent, of the value of the immovable property purchase leads to the rejection of the objection according to article 281 CC (abuse of right).

                                                                                                          *******
Since 2003, the Attorney-at-law Dr. Vasiliki Kostavara has been a legal counselor for a mental health company (with 18 existing structures) and has a long experience and expertise in handling cases of legal entities operating under Law 2716/1999.

By George Tserkezis, Dr.Jur., Attorney at Law Nov. 2018
.............................................................................................................
It is the blockchain technology that allowed users to insert contractual terms into its blocks. Once smart contracts stored on the blockchain, transactions are executed automatically without any further parties’ interference. But do they operate in the same way as legal contracts?
…………………………………………………………………………..

Reference for a preliminary ruling under Article 267 TFEU from the Kúria (Supreme Court, Hungary)— Public procurement — Review procedures — Directive 89/665/EC — Action for damages — Article 2(6) — National rules making the admissibility of any action for damages subject to a prior and definitive determination of the illegality of the decision of the contracting authority giving rise to the damage alleged — Actions for annulment — Prior action before an arbitration committee — Judicial review of arbitral decisions — National rules excluding pleas not raised before the arbitration committee — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial remedy — Principles of effectiveness and equivalence

"V. Kostavara and Associates Attorneys and Counselors at Law" office' s specialized team successfully advised and assisted air carrier "ASTRA AIRLINES" throughout international public formal procurement processes, to be awarded by the Δ11/Ε/19244/9388/22.8.2018 Decision of the Greek Civil Aviation Authority the exclusive right to operate the PSO route (EU Reg.1008/2008) between the airports of Athens – Kozani – Kastoria.

Case law (National) - September 2018
By George Tserkezis, Dr.Jur., Attorney at Law

Administrative Court of Appeals (Ch.D΄ ) Thessaloniki 1124/2018

Contractor’s claim against Minister’s (Urban Planning and Public Works) Decision rejecting his application for its review. Dispute over the execution of a municipal work. Construction of a building and award the concession to the contractor to carry out the exploitation of the building for a definite period of time. Replacement of the concessionaire group of constructors by one of its members upon approval of the contracting authority. Omission of the subrogating company to provide a performance bank guarantee for the building’s exploitation. Jointly and severally liable for providing the guarantee are both the initial concessionaire and the subrogating party (art.39 and 65 L.3669/2008). Withholding of the due guarantee amount from the remaining value of the performance bonds provided by the initial group of constructors.

• The new Council Directive (EU) 2018/912 of 22 June 2018 amending Directive 2006/112/EC on the common system of VAT as regards the obligation to respect a minimum standard rate 15% has been published in OJEU  L 162/1 27.6.2018.

A 15% minimum standard rate has been maintained on a provisional basis since VAT rules for the EU single market were first applied in 1993.The introduction of a minimum permanent ordinary rate is linked to the plan to introduce a new Community trade regulation based on the principle of taxation at the place of destination, in the context of which, although the Member States can be given greater discretion in determining the rates, it is appropriate to maintain a minimum reference threshold for the ordinary VAT rate.The minimum standard rate prevents excessive divergence in VAT rates in the member states and eliminates the risk of distortions of competition through lower VAT rates that would have an impact on cross-border shopping and trade.

• The Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of Money Laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU has been published in OJEU L 156/43 6.2018.

      Overview : The new Directive provides a definition of virtual currency. Pursuant to the Directive, a virtual currency is a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily attached to a legally established currency and does not possess a legal status of currency or money, but is accepted by natural or legal persons as a means of exchange and which can be transferred, stored and traded electronically (art. 1, 2 (d)).

        The new Directive aims to both detect and examine cash laundering and stop it from occurring.It will now be required operators of virtual currency exchanges, custodian wallet providers for virtual currencies, persons  trading or acting as intermediaries in the trade of art works worth at least EUR 10.000  to comply with EU anti-money laundering rules. Financial inspection agencies will be allowed access to information which will enable them to associate virtual currency addresses to the identity of the owner of the virtual currency. The directive extends access to a central register by allowing anyone to access the information on the register if they can demonstrate a legitimate interest. Member States may choose to make the information available more broadly. The registers will be interconnected across Member States through a common platform. The directive does not specify any minimum safeguards that Member States should apply to protect the security and confidentiality of sensitive commercial or personal information filed on the register. Member States are required to ensure that breaches of these obligations are subject to effective, proportionate and dissuasive measures or sanctions.Operators that accept to receive cryptocurrencies as payment will need to account for them in order to correctly register them in the budget according to the law of the countries in which they operate.

Consultation 

Provided by George Tserkezis.Dr.Jur.,Attorney at Law

Subject : “Clarification on the prescription of the default interests claims of a public contractor occurring from a municipal work project pursuant to art.137 par.1 L.4070/2012”

Thessaloniki ,June of 2015

Expert Opinion

By George Tserkezis, Dr.Jur.,Attorney at Law

Concerning the : “Competent authority to grant permission to business that install and maintain lifts, to lead inspections and keep a register of lifts”

Thessaloniki .January 2015

Expert Opinion

By George Tserkezis ,Dr.Jur.,Attorney at Law

Concerning the : “Appointment of the public tendering evaluation committees by the Municipal School Boards”

Thessaloniki December of 2015