Europe Daily News, 05 May 2022

COMPETITION

• Opinion of Advocate General Maciej Szpunar of 05 May 2022 in Case C-57/21, RegioJet a.s. in the presence of České dráhy, a.s., Česká republika, Ministerstvo dopravy
  Re: Reference for a preliminary ruling - Anti-competitive practices - Abuse of dominant position - Actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union - Request for production of evidence for the purposes of the action for damages - Proceedings pending before the European Commission - Suspension of the national proceedings relating to that action 
• Prior notification of a concentration (Case M.10598 - LGC/Toray Industries Hungary)
• Judgment in Case E-12/20, Telenor ASA and Telenor Norge AS Vs. EFTA Surveillance Authority - see Press Release 01/2022
• Belgium - Notification MEDE-CC-22/0017: BEE Dealer Holding BELUX NV/ Vereno NV
• Finland - BEWI-Jackon Holding merger faces in-depth merger review in Finland
• Germany - Sven Giegold’s Speech at the International Cartel Conference, Berlin, 4 May 2022
• Greece - Unannounced inspections of the Hellenic Competition Commission in companies active in the electricity sector
• Poland - UOKiK says Polish car importers agree to change after-sales practice
• UK - The CMA is investigating the completed acquisition by Riviera Bidco Limited, which owns and controls Rodericks Dental Limited, of Dental Partners Group Limited. (See Initial enforcement order)
• UK - The CMA is investigating the anticipated acquisition by Carpenter Co. of the engineered foams business of Recticel NV/SA. (See the Commencement Notice)

STATE AID

• EFTA Surveillance Authority - State aid - Decision to raise no objections - See OJ C 183 p.4,5 & 7
• EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 January 2022
• Commission approves €119 million Italian scheme to support cabotage and other maritime services in the context of the coronavirus pandemic (SA.101428) - Midday Express
• Commission approves €450 million Spanish scheme to support private road transport companies in the context of Russia's invasion of Ukraine (SA.102615) - Midday Express
• Commission approves €30 million Spanish scheme under the Recovery and Resilience Facility to support better connectivity for economically vulnerable citizens (SA.100138) - Midday Express

TRADE & CUSTOMS

• Judgment of the Court of 05 May 2022 in Case C‑718/20 P, Zhejiang Jiuli Hi-Tech Metals Co. Ltd, Vs. European Commission
  Re: Appeal - Dumping - Imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China - Imposition of a definitive anti-dumping duty
• Agenda for: Working Party on Trade Policy (Services & Investments) of 11 May 2022
• Agenda for: 1st meeting of DIH PG / UCC DA/IA Data Annexes Revision for Harmonisation of Customs Data Requirements of 16-20 May 2022
• Proposal for a Council Regulation amending Regulation (EU) 2021/2283 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products
• Regulating distortive foreign subsidies in the internal market: Council adopts position
  - Declaration by Italy & Mandate for negotiation with the European Parliament
  • New tool to protect internal market against distortive foreign subsidies - See the EP Statement & Resolution
  • Foreign Subsidies: CCIA offers Recommendations ahead of final negotiations
• Commission Delegated Regulation (EU) 2022/699 of 3 May 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council by removing Russia as a destination from the scope of Union general export authorisations
• WTO - DG Okonjo-Iweala: Members can deliver results at MC12 despite challenging circumstances
• U.S.-EU Trade & Technology Council: Priorities for the 2nd Ministerial - See Business Europe Statement

INTERNAL MARKET & INDUSTRY

• The Portuguese legislation which provides the basis for the resolution action in respect of Banco Espírito Santo is compatible with the right to property (See CPR Nº 76/2022 - Judgment of the Court of Justice in Case C-83/20, BPC Lux 2 and Others)
• Minutes of the 2nd Plenary Meeting of European Innovation Council Board 11 March 2022 

TAXATION

• Judgment of the Court of 5 May 2022 in Case C-218/21, Autoridade Tributária e Aduaneira Vs. DSR - Montagem e Manutenção de Ascensores e Escadas Rolantes SA
  Re: Reference for a preliminary ruling - Taxation - VAT - Directive 2006/112/EC - Rates - Temporary provisions for certain labour-intensive services - Annex IV, point 2 - Renovation and repair of private dwellings - Application of a reduced rate of VAT to repair and maintenance services for lifts in residential buildings
• Judgment of the Court of 5 May 2022 in Case C-570/20, BV, in the presence of : Direction départementale des finances publiques de la Haute-Savoie
  Re: Reference for a preliminary ruling - VAT - Directive 2006/112/EC - Fraudulent concealment of tax due - Penalties - National legislation providing for an administrative penalty and a criminal penalty for the same acts - Charter of Fundamental Rights of the European Union - Article 49 - Article 50 - Ne bis in idem principle - Article 52, Article 52(1) - Limitations on the ne bis in idem principle - Requirement to provide for clear and precise rules - Possibility of taking account of the interpretation of national legislation by the national courts - Need to provide for rules ensuring the proportionality of all the penalties imposed - Different types of penalties
• Agenda for: Recovery Expert Group (for mutual tax recovery assistance) of 17 May 2022
• Answer given by Mr Hahn to a MEP written question - National breakdown of the revenue generated by the application of a minimum effective tax rate of 15% to the profits of multinationals
• Answer given by Mr Gentiloni to a MEP written question - Substantial losses of VAT revenue 

AGRICULTURE & FISHERIES

• Answer given by Mr Wojciechowski to a MEP written question - Cereal supplies in the context of Russia’s invasion of Ukraine
• Answer given by Mr Wojciechowski to a MEP written question - Repercussions of the war in Ukraine for the agri-food sector 

ENERGY

• Commissioner Simson in Lithuania to inaugurate the Poland-Lithuania Gas Interconnector - Midday Express
• The ACER publishes the 28th edition of its REMIT Quarterly

ENVIRONMENT & CLIMATE CHANGE

• Advocate General Kokott: Member States may be liable for health damage caused by excessive air pollution (See CPR No 78/2022 - Opinion of the Advocate General in the Case C-61/21 - Ministre de la Transition écologique and Premier ministre (Responsabilité de l’État pour la pollution de l’air)
• Agenda for: 17th Meeting of Expert Group on the exchange of information on Best Available Techniques related to industrial emissions (IED Article 13 Forum) of 10 & 11 May 2022
• Dialogue on the future of soil protection in the EU and its potential to help achieve the goals of the European Green Deal (Brussels, 27 April 2022) - Information from the Slovak delegation

HEALTH, FOOD & PRODUCT SAFETY

• SCHEER - Minutes of the Working Group meeting on “electromagnetic fields” (EMF) of 27 April 2022
• Working Document - 2nd ad hoc meeting of the Expert group on the European Food Security Crisis Preparedness and Response Mechanism of 04 May 2022
• EFSA - Scientific Report - Modelling the effectiveness of measures applied in zones dedicated to stop the spread of African Swine Fever in wild boar when bordering with a region of limited control
• EFSA - Scientific Opinion - Safety of the extension of use of 2’‐fucosyllactose (2’‐FL) and lacto‐N‐neotetraose (LNnT) as novel foods in food supplements for infants pursuant to Regulation (EU) 2015/2283
• EFSA - Scientific Opinion - Safety assessment of the process PET Verpackungen Deutschland, based on the EREMA basic and Polymetrix SSP leaN technology, used to recycle post‐consumer PET into food contact materials
• EFSA - Scientific Opinion - Safety evaluation of the food enzyme dextranase from the Collariella gracilis strain AE‐DX
• EFSA - Scientific Opinion - Follow‐up of the re‐evaluation of polyglycerol polyricinoleate (E 476) as a food additive
• EFSA - Scientific Report - Epidemiological analyses of African Swine Fever  in the European Union

  EU COVID-19 RESPONSES

• ECDC - Data for the maps in support of the Council Recommendation on a coordinated approach to the restriction of free movement in response to the COVID-19 pandemic in the EU/EEA
• ECDC -14-day notification rate weighted by vaccine uptake, updated 5 May 2022
• ECDC -Data on country response measures to COVID-19

DIGITAL SINGLE MARKET

• A trader who offers, on websites such as Amazon, goods which he has not himself produced must inform the consumer of the manufacturer’s guarantee if that guarantee has been made a central or essential element of the offer (See CPR Nº 75/2022 - Judgment of the Court of Justice in Case C-179/21, Victorinox) 
• Why the UK will pay for its delay over Big Tech - Britain’s dither and delay has squandered a post-Brexit opportunity to lead on regulation - Financial Times

DATA PRIVACY & CYBERSECURITY

• Regulation of the European Parliament and of the Council on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act)
• The European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB) published their Joint Opinion on the proposed Data Act - See the Statement

AREA OF FREEDOM, SECURITY & JUSTICE

• Advocate General Collins: An arbitral award judgment may be a relevant judgment for the purposes of the Regulation on recognition and enforcement of judgments (See CPR No 77/2022 - Opinion of the Advocate General in the Case C-700/20, London Steam-Ship Owners’ Mutual Insurance Association - Area of Freedom, Security and Justice)
• A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen,
  is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor (See CPR No.74/2022, Judgment in Joined Cases C-451/19 and C-532/19 Subdelegación del Gobierno en Toledo (Residence of a family member - Insufficient resources))
• Report to the European Parliament and national Parliaments on the proceedings of the Standing Committee on operational cooperation on internal security (COSI) for the period July 2020 to December 2021
• Parliament backs giving more powers to Europol, but with supervision - See the EP Resolution 

ECB, EURO & ECONOMY

• Euro area bank interest rate statistics: March 2022
• ECB amends monetary policy implementation guidelines
• Interview with Fabio Panetta, Member of the Executive Board of the ECB, conducted by Marco Zatterin 

FUTURE OF EUROPE

• Treaty review necessary to implement Conference proposals, Parliament declares - See the EP Resolution 

EXTERNAL RELATIONS

• EU announces an additional €52 million to support the long-term resilience, recovery and reforms in the Republic of Moldova - IP/22/2783 & Remarks by President Charles Michel
• Syria: EU to hold on 9-10 May Brussels VI Conference in continued support to Syrian people - IP/22/2778
• Finland and Sweden face security dilemma ahead of Nato decisions - Nordic pair would not benefit immediately from Article 5 collective defence guarantee - Financial Times

RUSSIAN INVASION OF UKRAINE

• Commission puts forward guidelines to help Member States apply the partial suspension of Visa Facilitation Agreement with Russia for Russian officials and business people
• FAQs on circumvention and due diligence concerning sanctions adopted following Russia’s military aggression against Ukraine and Belarus' involvement in it
• FAQs on assets freezes following sanctions adopted in view of Russia’s military aggression against Ukraine and Belarus' involvement in it
• FAQs on luxury goods concerning sanctions adopted following Russia’s military aggression against Ukraine and Belarus' involvement in it
• FAQs on trading related matters concerning sanctions adopted following Russia’s military aggression against Ukraine
• Eurobarometer: Europeans approve EU's response to Russia's war against Ukraine - IP/22/2784
• Answer given by the Council to a MEP written question - EU sanctions against Russia
• Hungary holds up EU plan to ban imports of Russian oil - Financial Times
• EU plans to evict largest Russian lender from Swift but spare energy bank - Financial Times
• EU nations lock horns over Russia sanctions - Haggling between capitals likely to continue today - Financial Times