April 11, 2024

Europe Daily News, 11 April 2024

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COMPETITION

  • Non-opposition to a notified concentration (Case M.11392 - Glencore / Teck (Coal Assets))
  • Non-opposition to a notified concentration (Case M.11446 - Tönnies Holding / Certain Vion Business)
  • Germany - The Bundeskartellamt has cleared the acquisition of DDV Mediengruppe GmbH & Co. KG by Verlagsgesellschaft Madsack GmbH & Co. KG.
  • Italy - AGCM: Conclusion of a sector inquiry on hearing aid markets and report sent to Parliament and other institutions
  • Norway: The Competition Authority has sent a Statement of Objections to Coop, Norgesgruppen and Rema, the parties in the so-called price hunting case
  • Poland - Protection of competition - new clarifications on the penalties imposed
  • Why Big Tech fines do not work - Critics argue that penalties are just seen as part of the cost of doing business - Financial Times

STATE AID

  • Judgment of the General Court of 10 April 2024 in Case T‑486/18 RENV, Danske Slagtermestre Vs. European Commission supported by Kingdom of Denmark
    Re: State aid - Contributions scheme for the collection of waste water - Complaint from a competitor - Decision finding no State aid at the end of the preliminary examination stage - Requirement of impartiality - Objective impartiality - Concept of ‘advantage’ - Market economy operator principle - Ex ante incremental profitability analysis - Commission Notice on the notion of State aid
  • Advocate General Medina: The Court of Justice should annul the Commission decision finding that the United Kingdom granted illegal tax rulings (tax advantages to certain multinational groups) between 2013 and 2018 (See CPR No 64/24 - Advocate General’s Opinion in Joined Cases C-555/22 P, C-556/22 P and C-564/22 P - United Kingdom Vs. Commission and Others)
  • Opinion of the Advocate General Collins of 11 April 2024 in Case C‑710/22 P, JCDecaux Street Furniture Belgium Vs. European Commission
    Re: Appeal - State aid - Article 107(1) TFEU - Aid implemented by the Belgian authorities in favour of JCDecaux Street Furniture Belgium - Non-payment of rent and taxes for advertising displays installed in the territory of the City of Brussels (Belgium) - Economic advantage - Compensation mechanism - Commission decision declaring the aid incompatible with the internal market and ordering its recovery - No contradictory reasoning - Review by the Court of the assessment of the facts and evidence - Possible only where the facts or evidence have been distorted
  • Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.104642; SA.104357; SA.110328 & SA.104106

TRADE & CUSTOMS

  • Judgment of the General Court of 10 April 2024 in Case T‑445/22, Columbus Stainless (Pty) Ltd, Vs. European Commission
    Re: Protective measures - Steel products market - Imports of certain steel products - Economic Partnership Agreement - Southern African Development Community - Exemption clause - Implementing Regulation (EU) 2022/664 - Initiation of an investigation - Rights of the defence - Principle of good administration - Obligation to state reasons - Manifest error of assessment
  • Judgment of the Court of 11 April 2024 in Case C-770/22, OSTP Italy Srl Vs. Agenzia delle Dogane e dei Monopoli, Ufficio delle Dogane di Genova 1, Agenzia delle Dogane e dei Monopoli, Ufficio delle Dogane di Genova 2, Agenzia delle Entrate - Riscossione - Genova
    Re: Reference for a preliminary ruling - Customs Union - Regulation (EU) No 952/2013 - Judgments of first instance annulling customs measures relating to the European Union's traditional own resources - Immediate enforceability of those judgments - No stay of execution of the judgments
  • Agenda for: Meeting of the ACP Working Party - 16 April 2024 
  • Agenda for: Meeting of  Economic Tariff Questions Group - 16 May 2024
  • Revised Agenda of the Trade Policy Committee (Deputy Members) - 11 April 2024
  • Agenda for: Trade Policy Committee (Generalised System of Preferences (GSP)) - 16 April 2024
  • Report of the EU-Canada (CETA) Meeting of the Joint Sectoral Group for Pharmaceutical Products
  • UK Trade Remedies Authority publishes plan to strengthen UK’s global trade position - See the TRA Plan 2024-2027

INTERNAL MARKET & INDUSTRY

  • Agenda for: Working Party on Postal Services - 25 April 2024
  • European Research Council grants €652 million to leading researchers in Europe
  • Report from the Commission on the operation of Radio Equipment Directive 2014/53/EU
  • Statement by President von der Leyen with German Prime Minister Söder at the Max Planck Institute for Plasma Physics
  • Answer given by Mr Breton to a MEP written question - Follow-up question on Dutch aid shipments being blocked by Romania

LATE PAYMENT

  • Answer given by Mr Breton to a MEP written question - Late payments in Portugal
  • Answer given by Mr Breton to a MEP written question - Regulation proposed by the Commission on combating late payments: business impact

CHEMICAL

  • Judgment of the General Court of 11 April 2024 in Case C-654/22; FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu Vs. Triferto Belgium NV
    Re: Reference for a preliminary ruling - Registration, evaluation, authorisation and restriction of chemicals - Regulation (EC) No 1907/2006 (REACH Regulation) - Article 2(1)(b) - Scope - Article 3(10) and (11) - Concepts of 'import' and 'importer' - Article 6 - Obligation to register - Person responsible for registration - Regulation (EU) No 952/2013 - European Union Customs Code - Customs warehouse
  • Agenda for: Working Party on Technical Harmonisation (Dangerous Substances - Chemicals) - 29 April 2024
  • Answer given by Mr Breton to a MEP written question - REACH restriction on lead in outdoor shooting and fishing

FINANCE

  • FCA proposes to reverse Mifid rules on investment research - UK regulator says asset managers should be able to pay for ‘bundled’ research and trading fees - Financial Times

TAXATION

  • Judgment of the General Court of 11 April 2024 in Case C-122/23, Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' Sofia pri Tsentralno upravlenie na Natsionalna agentsia za prihodite Vs. "Legafact EOOD
    Re: "Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Turnover taxes - Special scheme for small undertakings - Annual turnover - Difference in treatment between taxable persons - National legislation making a person liable to VAT where an application for registration is lodged late - Punitive nature"
  • Agenda for: Working Party on Tax Questions (Direct Taxation) - 22 April 2024
  • Agenda for: Working Party on Tax Questions (Indirect Taxation - Excise duties/Energy taxation) - 25 April 2024

ENERGY

  • Answer given by Ms Simson to a MEP written question - Agreement between BOTAS, a Turkish state-owned corporation, and its Bulgarian counterpart, Bulgargaz /Bulgartransgaz
  • France talks tough on Ukraine while gobbling up more Russian gas - France has paid Russia over €600 million this year for liquefied natural gas, new data shows. That’s an EU-leading rise from last year - Politico.eu

ENVIRONMENT & CLIMATE CHANGE

  • Agenda for: Working Party on Forestry - 22 April 2024
  • Agenda for: Ad Hoc Working Party on Forest Monitoring - 22 April 2024
  • Agenda for: Meeting of the EU Ecolabel Communication Task Force - 17 April 2024
  • Press remarks by EVP Šefčovič' on the Communication taking stock of the Clean Transition Dialogues

DIGITAL & INFORMATION SOCIETY

DATA PRIVACY & CYBERSECURITY

  • Protection of personal data: according to Advocate General Pikamäe, the supervisory authority has an obligation to act when it finds a breach in the course of investigating a complaint (See CPR No.63/24 - Advocate General's Opinion in Case C-768/21, Land Hessen (Obligation of the data protection authority to act))
  • Judgment of the General Court of 11 April 2024 in Case C-741/21, GP Vs. juris GmbH
    Re: Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 82 - Right to compensation for damage caused by data processing carried out in breach of that regulation - Concept of 'non-material damage' - Effect of the seriousness of the damage suffered - Liability of the controller - Possible exemption in the event of default by a person acting under his authority within the meaning of Article 82 of Regulation (EU) 2016/679. Liability of the controller - Possible exemption in the event of default by a person acting under his authority within the meaning of Article 29 - Assessment of the amount of compensation - Inapplicability of the criteria laid down for administrative fines in Article 83 - Assessment in the event of multiple breaches of the said Regulation
  • Commission publishes Recommendation on Post-Quantum Cryptography - Midday Express
  • The ENISA empowers organisations by publishing the updated version of the ‘Awareness Raising in a Box’

AREA OF FREEDOM, SECURITY & JUSTICE

  • Advocate General Szpunar: the refusal by the former President of the European Parliament to recognise the status of Carles Puigdemont and Antoni Comín as Members of the European Parliament in June 2019 must be annulled (See CPR No.65/24, Opinion of the Advocate General in the Case C-600/22 P, Puigdemont i Casamajó and Comín i Oliveres Vs. Parliament)
  • Commission decides to register European Citizens' Initiative calling for EU financial support on safe and accessible abortion - IP/24/1928
  • Statement by President von der Leyen at the joint press conference with President Metsola and Belgian Prime Minister De Croo on the adoption of the Pact on Asylum and Migration
  • How Europe is paying other countries to police its borders - Under pressure from the far right ahead of this year’s elections, the EU is turning to draconian tactics to curb migration - Financial Times

ECB, EURO & ECONOMY

  • President of the Eurogroup, Paschal Donohoe, is in Luxembourg for bilateral meetings with Luxembourg authorities and to chair the Eurogroup
  • InvestEU and European Investment Fund support sustainable agri-food investments with €40 million - IP/24/1951
  • Commission endorses positive preliminary assessment of Latvia's second payment request for €336 million under the Recovery and Resilience Facility - IP/24/1922

FUTURE OF EUROPE

EXTERNAL RELATIONS

  • Agenda for: Meeting of the Council Security Committee - 24 April 2024
  • EU leads global mobilisation for increased investments in inclusive and quality education for all - IP/24/1893
  • International Monitoring Operation. Support to the process of temporary re- evaluation of Judges and Prosecutors in Albania – Phase III
  • Zimbabwe - European Union supports private sector for more trade and investment
  • Statement by the HR/VP on behalf of the EU on the alignment of certain countries concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
  • Europe should talk less and prepare more against Russian threat, says Finnish president - Alexander Stubb urges allies to refrain from ‘belligerent’ rhetoric about Russia attacking soon - Financial Times
  • EU’s sanctions regime in turmoil after oligarchs win legal battle - Judges say Brussels failed to prove how Russian businessmen close to Vladimir Putin backed his invasion of Ukraine - Financial Times

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