September 09, 2021

Europe Daily News, 09 September 2021

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COVID 19 RESPONSES

ECONOMY

COMPETITION

STATE AID

  • Opinion of Advocate General Athanasios Rantos of 9 September 2021 in Case C-238/20, SIA "Sātiņi-S Vs. Dabas aizsardzības pārvalde
    Re: Reference for a preliminary ruling - State aid - Concept of 'advantage' - Compensation for damage to aquaculture caused by wild birds protected in a Natura 2000 area - Regulation (EU) No 717/2014 - De minimis rule - Charter of Fundamental Rights of the European Union - Article 17 - Right of ownership
  • Opinion of Advocate General Kokott of 9 September 2021 in Case C‑347/20, SIA ‘Zinātnes parks’ Vs. Finanšu ministrija
    Re: Request for a preliminary ruling - Regulation (EU) No 651/2014 - Concept of an undertaking in difficulty - Concept of subscribed share capital - Autonomous interpretation - Directive 2013/34/EU - Irrelevance of the relevant national law on company registration - Requirements for proving that the applicant is now no longer an undertaking in difficulty - Transparent and non-discriminatory selection decision among several applicants - Possibility to reject application documents submitted late

TRADE & CUSTOMS

  • Agenda for: Meeting of the Export Credits Group of 10 September 2021
  • Agenda for: Trade Policy Committee (Experts Services and Investment) of 15 September 2021
  • Proposal for a Council Decision on the position to be taken on behalf of the European Union in the International Sugar Council with respect to amending the International Sugar Agreement, 1992 - See the Working Document
  • Strengthened EU export control rules kick in - IP/21/4601, see the Memo & Regulation
  • EU-U.S. launch Trade and Technology Council to lead values-based global digital transformation - See the FactSheet
  • Europe's glory days of trade deals are over -  Politico.eu

INTERNAL MARKET & INDUSTRY

  • Minutes - Meeting of the Sub-groups 1), 2) and 3) of the Fit for Future Platform 1 of 28 June 2021
  • European Commission report on adult education and training in Europe

FINANCIAL SERVICES

  • Public consultation on the review of the blocking statute (Council Regulation (EC) No. 2271/96) - Feedback period: 09 September 2021 - 04 November 2021
  • Judgment of the Court of 09 September 2021 in Case C-449/20 - Real Vida Seguros SA Vs. Autoridade Tributária e Aduaneira
    Re: Reference for a preliminary ruling - Taxation - Article 63 TFEU - Free movement of capital - Income tax - Dividends attached to listed shares - Tax advantage reserved for dividends attached to shares listed on the national stock market - Difference in treatment - Objective criterion of differentiation - Restriction - Article 65 TFEU - Objectively comparable situations - Justification - Objective of a purely economic nature

TAXATION

  • Judgment of the Court of 09 September 2021 in Case C-855/19 - G. sp. z o.o. Vs. Dyrektor Izby Administracji Skarbowej w Bydgoszczy,
    Re: Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Article 69 - Chargeability of VAT - Intra-Community acquisition of fuel - Obligation to pay VAT in advance - Article 206 - Concept of 'instalments' - Article 273 - Correct collection of VAT and combating fraud - Member States' room for manoeuvre
  • Judgment of the Court of 09 September 2021 in Case C-100/20 - XY Vs. Hauptzollamt B
    Re: Reference for a preliminary ruling - Taxation - Taxation of energy products and electricity - Directive 2003/96/EC - Article 17(1)(a) - Tax reductions on the consumption of energy products and electricity in favour of energy-intensive undertakings - Optional reduction - Arrangements for the repayment of charges levied in breach of provisions of national law adopted on the basis of an option granted to the Member States in that directive - Payment of interest - Principle of equal treatment
  • Judgment of the Court of 09 September 2021 in Case C-294/20 - GE Auto Service Leasing GmbH Vs. Tribunal Económico Administrativo Central
    Re: Reference for a preliminary ruling - Harmonisation of the laws of the Member States relating to turnover taxes - Eighth Directive 79/1072/EEC - Articles 3, 6 and 7 - Arrangements for the refund of value added tax (VAT) - Taxable persons not established in the territory of the country - Refusal to refund VAT paid - Documents proving entitlement to a refund - Failure to submit supporting documents within the prescribed period
  • Judgment of the Court of 09 September 2021 in Case  C-406/20 - Phantasialand Vs. Finanzamt Brühl
    Re: Reference for a preliminary ruling - Taxation - VAT - Directive 2006/112/EC - Article 98 - Member States' option to apply a reduced rate of VAT to certain Supplies of goods and services - Annex III, point 7 - Right of admission to amusement parks and fairs - Principle of fiscal neutrality - Services provided by permanent and travelling fairground entertainers - Comparability - Background - Point of view of the average consumer - Judicial assessment

AGRICULTURE & FISHERIES

  • The Court specifies the conditions for the protection of products covered by a protected designation of origin as laid down by the regulation establishing a common organisation of the markets in agricultural products (See CPR No 154/2021 - Judgment of the Court of Justice in Case C-783/19 - Comité Interprofessionnel du Vin de Champagne)

ENERGY

  • Agenda for: Working Party on Energy of 13 September 2021
  • Opinion of Advocate General Priit Pikamae of 9 September 2021 in Case C-179/20, Fondul Proprietatea SA Vs. Guvernul României, SC Complexul Energetic Hunedoara SA, Compania Naţională de Transport al Energiei Electrice "Transelectrica" SA, SC Complexul Energetic Oltenia SA, in the presence of Ministerul Economiei, Energiei şi Mediului de Afaceri
    Re: Reference for a preliminary ruling - Common rules for the internal market in electricity - Free access of third parties to networks - Public service obligations - Security of supply - Directive 2009/72/EC - Guaranteed access to electricity networks - Directive 2009/28/EC

ENVIRONMENT & CLIMATE CHANGE

  • Agenda for: Working Party  on International Environment Issues (Biodiversity) of 15 September 2021
  • Public consultation - Monitoring CO2 emissions of heavy-duty vehicles - new requirement to report number of powered axles - Feedback period: 07 September 2021 - 05 October 2021

HEALTH, FOOD & PRODUCT SAFETY

DIGITAL & INFORMATION SOCIETY

AREA OF FREEDOM, SECURITY & JUSTICE

  • EU law precludes a subsequent application for international protection from being rejected as inadmissible on the sole ground that it is based on circumstances which already existed during the procedure relating to the first application (See CPR No 155/2021 - Judgment of the Court of Justice in Case C-18/20 - Bundesamt für Fremdenwesen und Asyl)
  • EU Court of Justice: two advocates general and one judge appointed

ECB, EURO & ECONOMY

BREXIT

  • Answer given by Ms Gabriel to a MEP written question - Concerns of the music sector with regard to the EU-UK agreement

EXTERNAL RELATIONS

  • Agenda for: Working Party on European Free Trade Association (EFTA) of 14 September 2021
  • Declaration by the High Representative on behalf of the European Union on the alignment of certain countries concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea- Bissau

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