Europe Daily News, 14 July 2022

COMPETITION

• Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings regarding the agreements between Servier and Krka, on the one hand, and the definition of the relevant market for the purposes of applying Article 102 TFEU, on the other (See CPR Nº.130/2022 - Opinion of the Advocate General in cases: C-176/19 P Commission Vs. Servier and Others and C-201/19 P, Servier and Others Vs. Commission)
• Opinion of Advocate General Rantos of 14 July 2022 in Case C-127/21 P, American Airlines Inc. Vs. European Commission
  Re: Appeal - Regulation (EC) No 139/2004 - Concentrations between undertakings - Air transport market - Concentration declared compatible with the common market - Commitments entered into by the parties to the concentration - Decision granting grandfathering rights
• Non-opposition to a notified concentration (Case M.10750 - Kärcher / Woco / Wairify)
• Non-opposition to a notified concentration (Case M.10618 - Wacker Neuson / PORR / Umdasch  Group / Sequello JV)
• Prior notification of a concentration (Case M.10747 - BHC / Dussur / Baker Petrolite  Saudi Company  JV)
• Prior notification of a concentration (Case M.10784 - Bain Capital / BPEA / Citiustech)
• European Commission publishes 2021 Report on Competition Policy - Midday Express
• Commission clears acquisition of Stanley Security by Securitas (M.10594) - Midday Express
• Commission clears acquisition of joint control of Citrix and TIBCO by Vista and Elliott (M.10672) - Midday Express
• Commission clears acquisition of joint control of Nielsen by Elliott Investment and Brookfield Private Equity Holdings (M.10758) - Midday Express
• Commission seeks feedback on commitments offered by Amazon concerning marketplace seller data and access to Buy Box and Prime - IP/22/4522
• Italy - AGCM, investigation opened against Google for abuse of dominant position in data portability
• UK - The CMA published the Parties’ supplementary response to the provisional findings in the Dye & Durham (UK) Limited / TM Group (UK) Limited merger inquiry
• UK - The CMA announced its merger inquiry for the completed acquisition by Wm Morrison Supermarkets Ltd of certain assets of McColl’s Retail Group Plc, Martin McColl Limited, Clark Retail Limited, Dillons Stores Limited, Smile Stores Limited, Charnwait Management Limited, and Martin Retail Group Limited

STATE AID

• EFTA Surveillance Authority Decision No 276/21/COL of 8 December 2021 on the Norwegian regional aid map 2022-2027 (Norway) 
• EFTA Surveillance Authority - State aid – Decision to raise no objections
• EFTA Surveillance Authority - State aid – Decision to raise no objections
• Commission approves amendment to 2022-2027 regional aid map for Greece (SA.103501) - Midday Express
• Commission approves €20 million Irish scheme for aquaculture sector in the context of Brexit (SA.102229) - Midday Express

TRADE & CUSTOMS

• Agenda for : Trade Policy Committee (Services & Investment) - 20 July 2022
• Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market - Letter to the Chair of the INTA Committee of the European Parliament
• WTO MC12 - sanitary and phytosanitary declaration “Responding to modern SPS challenges” adopted at the Ministerial Conference - Information from the French delegation, on behalf of the Austrian, Belgian, Cyprus, French, Greek, Irish, Italian, Latvian, Luxembourg, Portuguese, Slovak and Spanish delegation

INTERNAL MARKET & INDUSTRY

• Software in diesel vehicles which reduces the effectiveness of the emission control system at normal temperatures during most of the year constitutes a prohibited defeat device (See CPR No 124/2022 - Judgments of the Court of Justice in Cases C-128/20 & GSMB Invest, C-134/20 & Volkswagen and C-145/20 & Porsche Inter Auto and Volkswagen)
• European Research Council maps the research it funded

AGRICULTURE & FISHERIES

• By failing to stop the use of the designation ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations under EU law (See CPR No.125/2022 - Judgment of the Court of Justice in Case C-159/20, Commission Vs. Denmark (AOP Feta))
• Market situation, in particular following the invasion of Ukraine - Member states' comments
• Serious drought situation in Hungary - Information from the Hungarian delegation

ENVIRONMENT & CLIMATE CHANGE

• Outcome of the second segment of the Triple Conference of the Parties to the Basel (COP 15), Rotterdam (COP 10) and Stockholm (COP 10) Conventions (Geneva, Switzerland, 6-17 June 2022) - Information from the Presidency and the Commission
• Face-to-face segment of the15th meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Geneva, 6 - 17 June 2022) - Face-to-face segment of the 10th meeting of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Geneva, 6 - 17 June 2022) - Face-to-face segment of the 10th meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (Geneva, 6 - 17 June 2022) - Compilation of statements

HEALTH, FOOD & PRODUCT SAFETY

• European Health Union: Stronger rules for greater safety and quality of blood, tissues, and cells - IP/22/4403 & QaA

DIGITAL SINGLE MARKET

• Commission welcomes political agreement on the Digital Decade policy programme driving a successful digital transformation in Europe - IP/22/4503 & QaA
• Agenda for: Working Party on Telecommunications & Information Society - 20 July 2022

AREA OF FREEDOM, SECURITY & JUSTICE

• European Arrest Warrant and the condition of double criminality : a perfect match is not required between the elements of the of the offence concerned in the issuing Member State and in the in the executing Member State (See CPR No.129/2022 - Judgment of the Court of Justice in Case C-168/21, Procureur général près la cour d'appel d'Angers)
• A court of a Member State does not retain jurisdiction to rule on the custody of a child on the basis of the ‘Brussels IIa’ Regulation where the habitual residence of the child has been lawfully transferred, during the proceedings, to the territory of a third State that is a party to the 1996 Hague Convention (See CPR No.128/2022 - Judgment of the Court of Justice in Case C-572/21, CC (Transfert de la résidence habituelle de l’enfant vers un État tiers)
• Council Decision (EU) 2022/1206 of 12 July 2022 concerning the accession of the European Union to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

FUTURE OF EUROPE & EU INSTITUTIONS

• A law professor may represent his own university before the General Court and the Court of Justice of the European Union  (See CPR No.127/2022 - Judgment of the Court of Justice in Case C-110/21 P, Universität Bremen Vs. REA) Principles of Community law)
• Location of the seat of the EMA and the ELA: competence to decide on that matter is for the EU legislature and not the Member States (See CPR No.126/2022 - Judgment of the Court of Justice in Joined Cases: C-59/18, Italy Vs. Council and C-182/18, Commune di Milano Vs. Council, in Joined Cases C-106/19, Italy Vs. Council and Parliament and C-232/19, Commune di Milano Vs. Parliament and Council, and in Case C-743/19, Parliament Vs. Council - Law governing the institutions)

EURO, ECB & ECONOMY

• Council Regulation (EU) 2022/1208 of 12 July 2022 amending Regulation (EC) No 2866/98 as regards the conversion rate to the euro for Croatia
• Council Regulation (EU) 2022/1207 of 12 July 2022 amending Regulation (EC) No 974/98 as regards the introduction of the euro in Croatia
• Council Decision (EU) 2022/1211 of 12 July 2022 on the adoption by Croatia of the euro on 1 January 2023
• The Council agreed its position on the EU’s annual budget for 2023
• Summer 2022 Economic Forecast: Russia's war worsens the outlook - IP/22/4511, Remarks by Commissioner Gentiloni 

EXTERNAL RELATIONS

• Joint Statement on Sudan on the Occasion of Eid al-Adha

RUSSIAN INVASION OF UKRAINE

• Summary of discussions at the meeting of the Working Party on Information (Communication) - 11 July 2022
• Implementation of sanctions: Commission provides additional guidance on the transit of goods from Russia - IP/22/4507
• FAQs on road transport concerning sanctions adopted following Russia’s military aggression against Ukraine
• FAQs on Donetsk and Luhansk oblasts related matters concerning sanctions adopted following Russia’s military aggression against Ukraine
• Joint statement on supporting Ukraine in its proceeding at the International Court of Justice