Europe Daily News, 12 January 2023

COMPETITION

• Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company (See CPR No 9/2023 - Judgment of the Court of Justice in Case C-42/21 P, Lietuvos geležinkeliai Vs. Commission)
• Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group (See CPR No 8/2023 - Judgment of the Court of Justice in Case C-883/19, HSBC Holdings and Others Vs. Commission)
• A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement (See CPR No 5/2023 - Judgment of the Court of Justice in Case C-57/21, RegioJet)
• Non-opposition to a notified concentration (Case M.10645 – Etex / XI (Insmat) Holdings)
• Non-opposition to a notified concentration (Case M.10937 – EDF Deutschland / Hazwei / Hypion Motion Neumünster JV) 
• Commission clears acquisition of Caverion by Bain Capital (M.10987) - Midday Express
• Commission clears acquisition of Atlas Air by Apollo (M.10919) - Midday Express
• Austria - Cartel Court imposes fine on Heise Medien GmbH & Co. KG for the prohibited implementation of a merger
• Germany - Statement of objections issued against Google’s data processing terms
• UK - The CMA has published its decision on roadmap completion following an update from OBIE on the status of items in the Roadmap, which the CMA has also published alongside its decision.

STATE AID

• The establishment as such of State aid cannot result from a judicial decision (See CPR
• No 2/2023 - Judgment of the Court of Justice in Joined Cases C-702/20, C-17/21, DOBELES HES)
• EFTA Surveillance Authority Decision No 161/22/COL of 6 July 2022 on aid in relation to the streetlight infrastructure in Bergen (Norway)
• EU’s foreign subsidies regulation enters into force; will start to apply in July - IP/23/129 & QaA
• Commission approves €1.1 billion Danish scheme to support roll-out of carbon capture and storage technologies (SA.102777) - IP/23/128
• Commission approves €40 million Danish guarantee scheme to support travel operators in the context of the coronavirus pandemic (SA.103141) - Midday Express
• Commission approves €40 million Croatian scheme to support companies processing agricultural products in the context of Russia's war against Ukraine (SA.104708) - Midday Express

TRADE & CUSTOMS

• Agenda for: Working Party on Trade Questions - 18 January 2023
• Agenda for: 643rd meeting of the Export Credits Group - 18 January 2023
• Minutes of the 111th meeting of the General Customs Legislation Section of the Customs Code Committee (CCC/GEN/111) - 16 December 2022
• Commission Implementing Regulation (EU) /... amending Commission Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products following a report adopted by the World Trade Organization’s Dispute Settlement Body
• Commission Implementing Regulation (EU) 2023/99 of 11 January 2023 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain aluminium road wheels originating in Morocco
• Commission Implementing Regulation (EU) 2023/100 of 11 January 2023 imposing a provisional anti-dumping duty on imports of stainless steel refillable kegs originating in the People’s Republic of China
• Opinion of Advocate General Emiliou of 12 January 2023 in Case C‑747/21 P, PAO Severstal Vs. European Commission and Case C‑748/21 P, Novolipetsk Steel PAO Vs. European Commission
  Re: Appeal - Dumping - Imports of certain cold-rolled flat steel products originating in China and Russia - Definitive anti-dumping duty - Regulation (EC) No 1225/2009 - Regulation (EU) 2016/1036 - Article 9(4) - Injury elimination - Lesser duty rule - Underselling margin - Relevant period for the calculation of the target profit - Margin of discretion - Nature of anti-dumping duties

INTERNAL MARKET & INDUSTRY

• Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
• Commission Regulation (EU) …/… of XXX amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards carcinogenic, mutagenic or reproductive toxicant substances subject to restrictions - See the Annex
• Answer given by Mr Breton to a MEP written question - EU Critical Raw Materials Act and the aluminium industry

EMPLOYMENT & SOCIAL POLICY

• Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker (See CPR No 6/2023 - Judgment of the Court of Justice in Case C-356/21, TP (Monteur audiovisuel pour la télévision publique))

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (Basel) - 18 January 2023
• Agenda for: Working Party on International Environment Issues (Global) -18 January 2023
• Agenda for: Working Party on International Environment Issues (Int. Chemicals / Synergies) - 17 January 2023
• Minutes of the 2nd Meeting of the Informal Expert Group on the analytical methods for the monitoring, reporting, quantification and verification of embedded emissions in goods under the scope of CBAM - 16 November 2022
• Minutes of the 1st Meeting of the Informal Expert Group on the analytical methods for the monitoring, reporting, quantification and verification of embedded emissions in goods under the scope of the CBAM - 24 October 2022
• Notice to undertakings intending to place hydrofluorocarbons in bulk on the market in the European Union in 2024
• Zero pollution: New requirements to ensure improved quality and access to drinking water take full effect - Midday Express
• Answer given by EVP Timmermans to a MEP written question - Phasing out of petrol and diesel cars

HEALTH, FOOD & PRODUCT SAFETY

• Opinion of Advocate General Richard de la Tour of 12 January 2023 in Joined Cases C‑6/21 P and C‑16/21 P, Federal Republic of Germany (C‑6/21 P), Republic of Estonia (C‑16/21 P) Vs. Pharma Mar SA, European Commission
  Re: Appeal - Public health - Medicinal products for human use - Regulation (EC) No 726/2004 - Refusal of a marketing authorisation for the medicinal product for human use Aplidin - plitidepsin - Action for annulment - Concept of ‘pharmaceutical company’ - Conflict of interest - Concept of ‘rival product
• EFSA - Technical Report - Outcome of the consultation with Member States and EFSA on the basic substance application for approval of sainfoin (Onobrychis viciifolia var. Perly) dried pellets to be used in plant protection as a nematicide in grapevines
• EFSA - Scientific Opinion - Efficacy of the feed additive consisting of Bacillus velezensis NRRL B‐67257 (Correlink™ ABS747) as a feed additive for all growing poultry species (Elanco GmbH)
• EFSA - Reasoned Opinion - Setting of import tolerances for mandipropamid in papayas
• EFSA - Scientific Opinion - Assessment of the efficacy of a feed additive consisting of ferrous lysinate sulfate for all animal species (Phytobiotics Futterzusatzstoffe GmbH)
• EFSA - Scientific Opinion - Assessment of the feed additive consisting of ammonium chloride (Amoklor™) for all ruminants, dogs and cats for the renewal of its authorisation and its extension of use to sows (Latochema Co Ltd)
• EFSA - Scientific Opinion - Safety and efficacy of a feed additive consisting of endo‐1,3(4)‐beta‐glucanase produced by Aspergillus fijiensis CBS 589.94 (RONOZYME® VP (CT/L)) for chickens for fattening and weaned piglets (DSM Nutritional Products AG)
• EFSA - Scientific Opinion - Safety and efficacy of the feed additive consisting of 6‐phytase (produced by Aspergillus oryzae DSM 33699) (RONOZYME® Hiphos GT/L) for poultry, pigs for fattening, weaned piglets and sows (DSM Nutritional Products Ltd)
• EASA/ECDC provide guidelines for aviation as part of European response to COVID-19 developments in China - Addendum to the Aviation Health Safety Protocol
  

DATA PRIVACY & CYBERSECURITY

• Every person has the right to know to whom his or her personal data have been disclosed (See CPR No 4/2023 - Judgment of the Court of Justice in Case C-154/21, Österreichische Post (Informations relatives aux destinataires de données personnelles))
• The administrative and civil remedies provided for by the General Data Protection Regulation may be exercised concurrently with and independently of each other) (See CPR No 3/2023 - Judgment of the Court of Justice in Case C-132/21, Budapesti Elektromos Művek)
• Facebook and Instagram decisions: “Important impact on use of personal data for behavioural advertising” - EDPB Statement
  - Binding Decision 3/2022 on the dispute submitted by the Irish SA on Meta Platforms Ireland Limited and its Facebook service (Art. 65 GDPR)
  - Binding Decision 4/2022 on the dispute submitted by the Irish SA on Meta Platforms Ireland Limited and its Instagram service (Art. 65 GDPR)
  

AREA OF FREEDOM, SECURITY & JUSTICE

• A term in a contract for the provision of legal services concluded between a lawyer and a consumer which sets the price on the basis of an hourly rate, without including any further details, does not satisfy the requirement of being drafted in plain intelligible language (See CPR No 10/2023 - Judgment of the Court of Justice in Case C-395/21, D.V. (Honoraires d’avocat - Principe du tarif horaire))
• Travellers whose package travel has been affected by measures to fight the COVID19 pandemic may be entitled to a reduction in the travel price (See CPR No 7/2023 - Judgment of the Court of Justice in Case C-396/21, FTI Touristik (Voyage à forfait aux Îles Canaries))
• The representatives of member states' governments reappointed Ms Beatrix Ricziová as a judge to the General Court

ECB, EURO & ECONOMY

• ECB Consumer Expectations Survey results – November 2022
• ECB - Economic Bulletin Issue 8, 2022

FUTURE OF EUROPE

• President von der Leyen and the College in Sweden for the inauguration of the Swedish Presidency of the Council of the EU

EXTERNAL RELATIONS

• Brazil: Statement by the High Representative on behalf of the EU on the attack on democratic institutions
• Public opinion poll: Citizens support EU accession more strongly
• Annual report on the implementation of the ILO technical cooperation programme “Strengthening the National Tripartite Committee on Labour Relations and Freedom of Association in Guatemala" - ILO Governing Body, 346th session 

RUSSIAN INVASION OF UKRAINE

• Answer given by EVP Dombrovskis to a MEP written question - Loopholes in the sanctions regime imposed on Russia and the case of CLAAS KGaA mbH