COMPETITION
- Judgment of the Court of 21 September 2023 in Case C-510/22, Romaqua Group SA Vs. Societatea Națională a Apelor Minerale SA, Agenția Națională pentru Resurse Minerale
Re: Reference for a preliminary ruling – Articles 102 and 106 TFEU – Public undertakings – Freedom to conduct a business – Freedom of establishment – Undertaking wholly owned by a Member State and benefiting from exclusive concessions to exploit natural mineral water following an award without competition – National legislation permitting unlimited extension of the concession - Opinion of Advocate General Kokott of 21 September 2023 in Case C-605/21, Heureka Group a.s. Vs. Google LLC
Re: Reference for a preliminary ruling – Actions for damages under national law for infringements of competition law provisions – Possibility of relying on a non-final Commission decision – Directive 2014/104/EU – Scope ratione temporis – Infringement beginning before the directive enters into force – Limitation period – Compatibility of the original national legislation with Article 102 TFEU and the principle of effectiveness of EU law - Agenda for: Working Party on Competition – 02 October 2023
- Non-opposition to a notified concentration (Case M.11134 – Novofleet / Shareholders of Andamur / Road)
- Prior notification of a concentration (Case M.11270 – KKR / The Fuchs Family Foundation / OHB)
- Prior notification of a concentration (Case M.11257 – One Rock Capital Partners / Constantia)
- Prior notification of a concentration (Case M.10988 – Brookfield / Cameco / Westinghouse)
- Commission clears acquisition of PetSmart by Apollo Management and BC Partners (M.11255) – Midday Express
- Commission clears acquisition of NEoT by Mitsui, EDF and Forsee Power (M.11222) – Midday Express
- Commission clears acquisition of Compass by Brookfield and OTPP (M.11206) – Midday Express
- Commission clears creation of joint venture by NMC and Embraer (M.11208) – Midday Express
- Belgium – The Competition Authority approves joint control by Brussels Airport Ventures and Limburgse Reconversie Maatschappij over Dronepor
- Portugal – CUF notifies acquisition of exclusive control over CMAS Group
- Romania – The Competition Council carried out unannounced inspections at several Enel Group companies
- Romania – The Competition Council authorised the takeover of some pharmacies by Evofarm Group
STATE AID
- Judgment of the Court of 21 September 2023 in Case C-831/21 P, Fachverband Spielhallen eV, LM Vs. European Commission, Federal Republic of Germany
Re: Appeal – State aid – Article 107(1) TFEU – Concept of ‘State aid’) TFEU – Concept of ‘aid’ – Condition relating to the selective advantage – Tax treatment reserved to operators of public casinos in Germany – Levy on profits – Partial deductibility of the amounts paid in respect of that levy from the basis of assessment for income tax or corporation tax and trade tax – Decision of the European Commission – Rejection of a complaint at the end of the preliminary examination phase on the ground that there was no State aid constituted by that deductibility – Separate finding that there was no State aid – No deduction of the amounts paid in respect of that levy from the basis of assessment for income tax or corporation tax and trade tax – Decision of the European Commission – Rejection of a complaint at the end of the preliminary examination phase on the ground that there was no State aid constituted by that deductibility – Separate finding that there was no State aid constituted by that deductibility separate finding that there was no economic advantage and that there was no selectivity – Action before the Court of First Instance of the European Union limited to finding that there was no selectivity – Action inoperative – Identification by the Commission of the reference system or ‘normal’ tax regime – Interpretation for that purpose of the applicable national tax law – Classification of the levy on profits as a ‘special tax’ deductible as ‘expenditure incurred in commercial transactions’ – Principle ne ultra petita - Commission approves €2 million Danish scheme to support pharmaceutical wholesalers in the context of Russia’s war against Ukraine (SA.107407) – Midday Express
- Commission approves €233 million Austrian scheme to compensate energy-intensive companies for indirect emission costs (SA.107885) – Midday Express
- Commission approves €109.9 million Italian measure to provide Sorical with urgent liquidity support (SA.108998) – Midday Express
- Commission finds that Italian support to Banca Tercas does not constitute State aid (SA.39451) – Midday Express
TRADE & CUSTOMS
- Judgment of the Court of 21 September 2023 in Case C-478/21 P, China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others Vs. European Commission and Others
Re: Appeal – Dumping – Implementing Regulation (EU) 2018/140 – Imports of certain cast iron articles originating in the People’s Republic of China and in India – Definitive anti-dumping duty – Action for annulment – Admissibility – Standing to bring proceedings – Representative association of exporters – Regulation (EU) 2016/1036 – Article 3(2), (3), (6) and (7) – Injury – Calculation of the import volume – Positive evidence – Objective examination – Extrapolation – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Assessment of injury by segment – None – Article 6(7) – Article 20(2) and (4) – Procedural rights - Judgment of the Court of 21 September 2023 in Case C-210/22, Stappert Deutschland GmbH Vs. Hauptzollamt Hannover
Re: Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Customs Code of the Union – Article 60(2) – Acquisition of origin of goods – Delegated Regulation (EU) 2015/2446 – Article 32 – Goods in the production of which more than one country or territory is involved – Annex 22-01 – Primary rule applicable to goods falling within subheading 7304 41 of the Harmonised System – Concept of ‘hollow section’ – ‘Tube blanks’ of steel falling within subheading 7304 49 of the Harmonised System, obtained by hot forming and enabling the production of steel tubes by cold forming, falling within subheading 7304 41 of the Harmonised System – Validity of the primary rule - Judgment of the Court of 21 September 2023 in Case C-770/21, OGL-Food Trade Lebensmittelvertrieb GmbH v Direktor na Teritorialna direktsia ‘Mitnitsa Plovdiv’ pri Agentsia ‘Mitnitsi
Re: Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Union Customs Code – Articles 70 and 74 – Determination of customs value – Customs value of fruit and vegetables to which an entry price applies – Regulation (EU) No 1308/2013 – Article 181 – Delegated Regulation (EU) 2017/891 – Article 75, (5) and (6) – Declared transaction value higher than the flat-rate import value – Disposal of products in conditions confirming the reality of the transaction value – Sale at a loss by the importer – Links between the importer and the exporter – Judicial review of the decision fixing the customs debt - Agenda for: Meeting of the 249th meeting of the Customs Code Committee – Tariff & Statistical Nomenclature Section (Sub-Section Mechanical/Miscellaneous/Textile) – 09 to 11 October 2023
- Commission Implementing Regulation (EU) /… amending Commission Implementing Regulation (EU) 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China
- Council Decision (EU) 2023/1796 of 18 September 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Chile pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom`s withdrawal from the European Union
- Brussels considers defending EU nations in Ukraine grain dispute – Kyiv files WTO lawsuit against Poland, Hungary and Slovakia after they ban imports – Financial Times
- Poland signals halt to Ukraine weapons transfers amid trade dispute – Threat is latest salvo in a row that revolves around Warsaw’s refusal to accept Ukrainian grain imports – Financial Times
INTERNAL MARKET & INDUSTRY
- Report from the Ibero-American Forum of Governmental Consumer Protection Agencies (Madrid, 13-14 September 2023) – Information from the Presidency
- New car registrations: +21% in August; battery electric exceeds 20% share for the first time – ACEA
CHEMICAL
- ECHA’s Risk Assessment Committee: banning secondary uses of creosote-treated wood necessary
- ECHA – Highlights from September BPC meeting
FINANCIAL SERVICES
- ESMA provides overview of EU securitisation markets
TAXATION
- Agenda for: Working Party on Tax Questions (High Level) – 04 October 2023
- Opinion of Advocate General Kokott of 21 September 2023 in Case C‑442/22, P sp. z o.o. Vs. Dyrektor Izby Administracji Skarbowej w Lublinie, Rzecznik Małych i Średnich Przedsiębiorców
Re: Request for a preliminary ruling – VAT – Directive 2006/112/EC – Person liable to pay VAT under Article 203 of the VAT Directive – Invoice for fictitious transactions (fake invoice) – Determination of the issuer of the invoice – Issuing of an invoice by an unauthorised third party – Issuing of a fake invoice by an employee without the knowledge of the employer – Attribution of criminal conduct by a third party – Test of good faith – Fault in selection and supervision on the part of a taxable person
AGRICULTURE & FISHERIES
- Agenda for: Meeting of the CEG for Sustainability and Quality of Agriculture and Rural Development – Sub-group on methane emissions in agriculture – 26 September 2023
- Attendance of a representative of the CPVO at the Working Party on Genetic Resources and Innovation in Agriculture (Seeds, Propagating & Planting Materials) on 13 October 2023 – Approval
ENERGY
- Special report 22/2023: ‘Offshore renewable energy in the EU – Ambitious plans for growth but sustainability remains a challenge’
- Agenda for: Working Party on Energy – 19 September 2023
ENVIRONMENT & CLIMATE CHANGE
- Speech by President von der Leyen at the “Climate Ambition Summit”
- The European Investment Fund backed by InvestEU invest €40 million into a European climate tech growth fund – IP/23/4563
- President von der Leyen signs the High Seas Treaty on behalf of the EU in commitment to unprecedented ocean protection – Midday Express
- Europe’s largest cruise company pushes for change to emissions rules – MSC Cruises draws ire of environmentalists as it calls for rethink on how passenger ships are assessed by UN shipping regulator – Financial Times
HEALTH, FOOD & PRODUCT SAFETY
DIGITAL & INFORMATION SOCIETY
- Agenda for 84th Meeting of the RSC Radio Spectrum Committee – Decision n° 676/2002/EC – 11 October 2023
- Digital sovereignty: European Chips Act enters into force today – IP/23/4518 & QaA
- Berec – Initiative on Laptops for Ukraine: the donated devices will be delivered to Ukraine soon
DATA PRIVACY & CYBERSECURITY
- EDPB – Swift adoption of Regulation to streamline cross-border enforcement needed
– Joint Opinion on the European Commission’s Proposal for a Regulation on additional procedural rules for the enforcement of the GDPR
– Joint contribution in response to the European Commission’s public consultation on the template report for the description of consumer profiling techniques pursuant to Art. 15 of the Digital Markets Act (DMA) - Commission Implementing Decision (EU) 2023/1802 of 20 September 2023 laying down the technical arrangements for data retention
- UK data watchdog fines illegal nuisance callers record £590,000 – Move part of wider crackdown on rogue operators targeting the elderly and vulnerable – Financial Times
TRANSPORT & MOBILITY
- Agenda for: Working Party on Maritime Issues – Integrated Maritime Policy (IMP) – 27 September 2023
- Commissioner Vălean attends Informal Transport Council in Barcelona – Midday Express
- Pushing back of ban on new petrol and diesel cars sales will be “an attack on industry, climate and consumers” – see T&E Statement
AREA OF FREEDOM, SECURITY & JUSTICE
- Reintroduction of border controls at internal borders: the ‘Returns’ Directive applies to any third-country national who has entered the territory of a Member State without fulfilling the conditions of entry, stay or residence (See CPR Nº 145/2023 – Judgment of the Court of Justice in Case C-143/22, ADDE and Others)
- The prohibition of double jeopardy does not appear to preclude the execution of a European arrest warrant against the person responsible for a fraudulent pyramid scheme set up in Spain and in Portugal (See CPR Nº 144/2023 – Judgment of the Court of Justice in Case C-164/22, Juan)
ECB, EURO & ECONOMY
- Report on the implementation of the Recovery and Resilience Facility: Moving forward, see Annex 1, 2 & 3
- Minutes of the 21st Meeting of the Recovery and Resilience Facility Committee – 18 September 2023
FUTUTRE OF EUROPE
- Agenda for: Meeting of the Coreper (Part.1 & Part.2) – 20 September 2023
- Minutes of the Meeting of the Coreper – 06 October 2023
- Why Europe’s next president may be made in France – Emmanuel Macron is weighing up who to back as his top candidate in the EU elections. Will Thierry Breton get the nod? – Politico.eu
EXTERNAL RELATIONS
- Agenda for: Working Party of Foreign Relations Counsellors (RELEX) – Horizontal Questions – 22 September 2023
- UNGA78: building common solutions to global challenges – Midday Express
- Speech by President Charles Michel at the High-level Dialogue on Financing for Development
- Laudation by President von der Leyen for Japanese Prime Minister Kishida at the 2023 Atlantic Council Awards
- Calls grow for EU sanctions on gas-rich Azerbaijan over ethnic cleansing fears – As Armenian forces in Nagorno-Karabakh surrender, MEPs say Brussels must reconsider close ties with the fossil fuel-rich nation – Politico.eu
RUSSIAN INVASION OF UKRAINE
- Statement by President Charles Michel at the UN Security Council debate on Ukraine
- The secret, slipshod evidence the EU uses to sanction Russian oligarchs – Politico.eu
