2025年12月18日

Europe Daily News, 18 December 2025

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COMPETITION

  • Judgment of the Court of 18 December 2025 in Case C‑161/24, OSA, z.s., v Úřad pro ochranu hospodářské soutěže
    Re: Reference for a preliminary ruling - Competition - Article 102 TFEU - Abuse of a dominant position - Collective copyright management organisation - Setting of royalties for the granting of a licence to make copyright-protected works available - Hotel establishments - Method of calculation - Failure to take into account the occupancy rate of rooms - Unfair prices
  • Judgment of the Court of 18 December 2025 in Case C‑260/24, Lukoil Bulgaria EOOD Vs. Komisia za zashtita na konkurentsiata
    Re: Reference for a preliminary ruling - Competition - Article 102 TFEU - Abuse of dominant position - Wholesale fuel market in Bulgaria - Compression of competitors’ margins or ‘price squeeze’ effect - Definition of the product market - Vertically divided market - Taking into account the excise duty regime
  • Judgment of the Court of 18 December 2025 in Case C‑245/24, Lukoil Bulgaria EOOD, Lukoil Neftohim Burgas AD Vs. Komisia za zashtita na konkurentsiata
    Re: Preliminary ruling - Competition - Article 102 TFEU - Abuse of dominant position - Market for the storage of motor vehicle fuels - Abusive exploitation - Refusal to grant access to essential infrastructure to third-party undertakings - Infrastructure financed by public funds - Privatisation of that infrastructure
  • Advocate General Spielmann considers that EU law precludes legislation that does not allow national courts to annul unlawful sporting sanctions (See CPR No.165/2025 - Advocate General’s Opinion in Joined Cases C-424/24 and C-425/24, FIGC and CONI)
  • Summary of Commission Decision of 12 September 2025 relating to a proceeding under Article 102 of the TFEU and Article 54 of the EEA Agreement (Cases AT.40721 – Microsoft Teams and AT.40873 – Microsoft Teams II) - See Opinion of the Advisory Committee on restrictive practices and dominant positions & Final Report of the Hearing Officer
  • Commission clears acquisition of Dainese by Arcmont and HPS (M.12195) - Midday Express
  • ESA accepts Norway’s commitments in North Sea Link Interconnector investigation
  • Denmark - The Competition Council intervenes against Apple - See summary of the decision
  • Germany - Abuse control relating to energy price relief measures: examination proceedings largely completed; around 200 million euros returned
  • Germany - Theo Müller can take over the “Elinas” and “Lünebest” yoghurt brands from Hochwald Foods
  • The Netherlands - ACM: protect pet owners against the risk of higher prices and overtreatment In brief
  • Switzerland - COMCO closes chapter on Financial Market Investigation 

STATE AID

  • Opinion of Advocate General Andrea Biondi of 18 December 2025, Case C‑545/24, Utiledulci – Comércio Internacional e Serviços, Sociedade Unipessoal, Lda. – Zona Franca da Madeira Vs. Autoridade Tributária e Assuntos Fiscais da Região Autónoma da Madeira
    Re: Reference for a preliminary ruling - Aid scheme implemented by Portugal in favour of the Madeira Free Zone - Scheme III - Reduction in income tax applicable to legal persons - Immediate and effective recovery - Refusal to grant suspension of tax enforcement proceedings
  • Commission approves €1.6 billion German State aid to help roll-out of fast-charging stations for electric trucks on motorways ( )
  • Commission approves €4.1 billion Hungarian State aid scheme to support cleantech manufacturing capacity, contributing to Clean Industrial Deal objectives ( )

TRADE & CUSTOMS

  • Judgment of the Court of 18 December 2025 in Case C‑259/24, SAS Tenergie Development Vs. Directeur régional des douanes de Marseille, Direction interrégionale des douanes Provence-Alpes-Côte d’Azur-Corse, Direction régionale des douanes de Marseille
    Re: Preliminary ruling - Customs union - Import and export procedures - Refund or remission of import or export duties - Transmission of the application for remission to the European Commission - Automatic remission of duties - Liability of the Member State - Inadmissibility of the request for a preliminary ruling
  • Agenda for: 672nd meeting of the Export Credits Group - 15 January 2026
  • Notice of the impending expiry of certain anti-dumping measures (Stainless steel cold-rolled flat products - The People’s Republic of China; Taiwan - Regulation (EU) 2021/1483 - 17.9.2026)
  • Decision No 1/2025 of the Trade Committee of 25 October 2025 amending Article 19.3(3) and (5) of the Free Trade Agreement between the European Union and New Zealand concerning amendment to the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work and the inclusion of a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work
  • Council Decision (EU) 2025/1884 of 15 December 2025 on the position to be taken on behalf of the EU in the EPA Council, in the Committee of Senior Officials and in the EPA Consultative Committee, established by the EPA between the EU, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part, as regards the Recommendation of the Committee of Senior Officials to the EPA Council on participation in the EPA Consultative Committee, the Decision of the EPA Council on participation in the EPA Consultative Committee, the Decision of the Committee of Senior Officials on its agreement with the EPA Consultative Committee’s adoption of its Rules of Procedure and the Decision of the EPA Consultative Committee on the adoption of its Rules of Procedure
  • Answer given by Mr Kubilius to a MEP written question - China tightens export rules on rare earth elements: impact on the European defence industry
  • ‘He would turn us against him’: Trump’s tariff reductions alienate ranchers - President’s affordability measures undercut cattle producers in favour of consumers - Financial Times
  • Washington threatens European groups over EU’s treatment of US tech giants - French and German companies warned over disruption to their American market access - Financial Times

EU/MERCOSUR

  • EU-Mercosur: Council and Parliament agree on rules to safeguard the EU agri-food sector - See the EP Statement
  • Answer given by Mr Šefčovič to a MEP written question - Controversial EU-Mercosur agreement – farmers’ protests, growing concerns and opposition to Commission’s misguided policy
  • Meloni: Signing Mercosur deal now would be ‘premature’ - France is calling for a delay to trade deal, and now Italy is sitting on the fence - Politico.eu
  • Lula threatens to walk away from EU-Mercosur trade deal - Warning comes after Italy and France pushed to delay vote on landmark agreement with South American nations - Financial Times

CBAM 

  • Non-objection to a delegated act: CBAM: conditions for granting accreditation

INTERNAL MARKET & INDUSTRY

  • The imposition, by a national measure, of minimum charges for the home delivery of books must be analysed in the light of the rules on the free movement of goods (See CPR No.162/2025 - Judgment of the Court of Justice in Case C-366/24 - Amazon EU)
  • Carmakers sour on EU’s ‘disastrous’ petrol engine rule changes - As details have become clearer, executives warn the easing of the combustion engine ban would lead to more expensive vehicles - Financial Times

CHEMICAL

FINANCE

  • Commission provides guidance on simplified EU Taxonomy reporting rules - Midday Express
  • Retail investment strategy: Council and Parliament agree on package to empower consumers while boosting markets - See the EP Statement
  • Public consultation: Market abuse – setting the scope of an order data exchange mechanism and clarifying market manipulation indicators - Delegated regulation - Feedback period: 17 December 2025 - 14 January 2026
  • Putin’s retaliation threat over frozen assets rattles EU capitals - Italy, Belgium and Austria worry about Russia moving against their companies - Financial Times
  • Belgium says Russian assets plan ‘going backward’ ahead of EU summit - The EU is in a race against time to appease Belgian concerns over a €210 billion financing package for Ukraine that leverages frozen Russian state assets - Politico.eu
  • Agenda for: Code of Conduct Group (Business Taxation) - Subgroup on external issues - 15 January 2026

ENERGY

  • Commission Notice providing guidance on new or substantially modified provisions of the recast Energy Performance of Buildings Directive (EU) 2024/1275
  • Commission Notice - Guidelines accompanying Commission Delegated Regulation (EU) 2025/2273 to facilitate the application of the revised methodology framework for calculating cost-optimal levels
  • Commissioner Jørgensen in Vienna to discuss energy policy and start the European Affordable Housing Tour - Midday Express 
  • Commission gathers feedback to shape the governance of Energy Union and Climate Action policies - Proposal for a regulation - Feedback period: 18 December 2025 - 12 March 2026
  • Modernisation Fund announces €1.8 billion in new clean energy investments, bringing 5-year total to over €20 billion
  • EU to phase out imports of Russian gas - See the EP Statement
  • EU primary energy consumption decreased by 1% in 2024

ENVIRONMENT & CLIMATE CHANGE

  • Deforestation Regulation: certain obligations of operators and traders - See the EP Resolution
  • Public consultation: Greenhouse gas emissions – benchmark value for soda ash (update) - Implementing regulation - Feedback period: 18 December 2025 - 15 January 2026
  • EUROBAT position on provisions of data resulting from battery uses under Regulation (EU) 2023/1542 - December 2025

HEALTH, FOOD & PRODUCT SAFETY

  • Judgment of the Court of 18 December 2025 in Case C‑731/23 P, Nicoventures Trading Limited (United Kingdom), British American Tobacco (Germany) GmbH, British American Tobacco Italia SpA (BAT Italia), British American Tobacco Polska Trading sp. z o.o., British American Tobacco España SA, P.J. Carroll & Company Limited Vs. European Commission, French Republic
    Re: Appeal - Public health - Heated tobacco products - Withdrawal of certain exemptions - Delegated Directive (EU) 2022/2100 - Action for annulment - Standing - Fourth paragraph of Article 263 TFEU - Condition that the applicant must be individually concerned by the contested act - Limited class of economic operators Reporting and notification obligations - Marketing authorisation
  • Opinion of Advocate General Szpunar of 18 December 2025 in Case C‑604/24, ARMAKEIO YZ & SIA O.E. Vs. Ypourgos Anaptyxis kai Ependyseon, Ypourgos Ygeias, intervener: Panellinios Farmakeftikos Syllogos
    Re: Reference for a preliminary ruling - Medicinal products for human use - Non-prescription medicinal products - Prohibition of the sale at a distance to the public - Protection of public health - Proportionality test

AGRICULTURE & FISHERIES

  • Judgment of the Court of 18 December 2025 in Case C‑316/24 P, Pesticide Action Network Europe (PAN Europe) Vs. European Commission
    Re: Appeal - Agriculture - Plant protection products - Article 4 - Regulation (EC) No 1107/2009 - Implementing Regulation (EU) 2021/2049 - Renewal of the approval of the active substance ‘cypermethrin’ - Request for internal review - Regulation (EC) No 1367/2006 - Article 10(1) - Decision rejecting the request - Risk assessment and management - Identification of critical areas of concern - Realistic conditions of use - Precautionary principle
  • Minutes of the Meeting of the Standing Forestry Committee - 05 December 2025
  • MEPs adopted new rules introducing more flexibility and support for farmers in complying with the EU’s common agricultural policy (CAP) - See the EPRS Briefing
  • Commission Implementing Regulation (EU) 2025/2599 of 11 December 2025 opening a tariff quota for the year 2026 for the import into the Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council

EMPLOYMENT, EDUCATION & SOCIAL POLICY

DIGITAL & INFORMATION SOCIETY

  • Commission Implementing Regulation (EU) 2025/2592 of 17 December 2025 for the application of Regulation (EU) 2015/2120 of the European Parliament and of the Council as regards fair use, based on typical usage patterns, and anti-fraud measures for intra-EU communications
  • Digital Europe Programme fuels digital transformation and skills development across Europe - See the Report

DATA PRIVACY & CYBERSECURITY

  • GDPR: if a body camera is used during a ticket inspection, certain information must be provided immediately to the passenger concerned (See CPR No.161/2025 - Judgment of the Court of Justice in Case C-422/24 - Storstockholms Lokaltrafik)
  • The path towards a data protection by design and by default approach - EDPS
  • Answer given by EVP Virkkunen to a MEP written question - Exclusive use of automated chatbots to address user complaints
  • Answer given by EVP Virkkunen to a MEP written question - Protecting citizens who do not wish to digitalise their personal data
  • ENISA: Call for Feedback on the draft SBOM Landscape Analysis and the Technical Advisory for Secure Use of Package Managers

AREA OF FREEDOM, SECURITY & JUSTICE

  • The rules on the admissibility of an action for infringement of the copyright in a collective work must ensure that the right to effective judicial protection is observed, by not making the procedure provided for unnecessarily complicated or costly (See CPR No.160/2025 - Judgment of the Court of Justice in Case C-182/24 - SACD and Others)
  • Action for damages brought against Frontex in a case of pushback: The Court of Justice protects the right to an effective judicial review (See CPR No.159/2025 - Judgment of the Court of Justice in Case C-136/24 P - Hamoudi Vs. Frontex)
  • Joint return operations: The judgment of the General Court dismissing the action for damages brought by a family of Syrian refugees after their transfer from Greece to Türkiye is largely set aside (See CPR No.158/2025 - Judgment of the Court of Justice in Case C-679/23 P - WS and Others Vs. Frontex)
  • Rule of law: The Polish Constitutional Court infringed several fundamental principles of EU law in disregard of the case-law of the Court of Justice (See CPR No.157/2025 - Judgment of the Court of Justice in Case C-448/23 - Commission Vs. Poland)
  • International protection: the refusal by an applicant for international protection to be transferred to another accommodation centre cannot justify the withdrawal of all material reception conditions (See CPR No.163/2025 - Judgment of the Court of Justice in Case C-184/24 - Sidi Bouzid)
  • Prohibition of discrimination: The Court of Justice clarifies, in relation to the Danish law on public housing, which situations may constitute discrimination based on ethnic origin (See CPR No.164/2025 - Judgment of the Court of Justice in Case C-417/23 - Slagelse Almennyttige Boligselskab Afdeling Schackenborgvænge)
  • Safe third country: Council and European Parliament agree on new EU law restricting admissibility of asylum claims - See Commission reactions
  • MEPs back “military Schengen” to help withstand potential Russian aggression - See the EP Resolution

ECB, EURO & ECONOMY

  • ECB proposes to extend Frank Elderson’s term as Vice-Chair of the Supervisory Board
  • The coming battle over the EU’s budget shake-up - Member states kick off two years of haggling over spending priorities amid growing doubts about the bloc’s relevance - Financial Times

FUTURE OF EUROPE

EXTERNAL RELATIONS

EU/RUSSIA/UKRAINE

  • Russia's war of aggression against Ukraine: Council sanctions 41 vessels of the Russian shadow fleet - See Council Regulation (EU) 2025/2618 & Council Decision (CFSP) 2025/2617

 

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