Europe Daily News, 06 September 2024

COMPETITION

• Opinion of Advocate General Pikamäe of 05 September 2024 in Case C‑510/23, Trenitalia SpA Vs. AGCM interested party: Federconsumatori Case C‑511/23, Caronte & Tourist SpA Vs. AGCM interested parties: Unione nazionale consumatori - Comitato regionale della Sicilia, Unione nazionale consumatori, Assarmatori, Confederazione Italiana Armatori
  Re: Reference for a preliminary ruling - Consumer protection - Directive 2005/29/EC - Unfair business-to-consumer commercial practices in the internal market - Competition - Article 102 TFEU - Abuse of a dominant position - Empowering national competition authorities to enforce the rules on competition - Directive (EU) 2019/1 - National procedures for establishing infringements in the field of consumer law - Pre-investigation stage - Observance of a reasonable time limit - National legislation under which an investigation procedure must be initiated within a period of 90 days - Annulment of the penalty decision in the event of failure to observe that time limit - Principle of effectiveness - Principle of legal certainty - Rights of the defence
• Prior notification of a concentration (Case M.11667 - Francisco Partners / TA  Associates / Orisha)
• Non-opposition to a notified concentration (Case M.11585 - EPR / Uniper Group (Trading Assets))
• Non-opposition to a notified concentration (Case M.11661 - IK / Nextstage / Eurobio Scientific / JV)
• Commission withdraws several decisions in the Illumina/GRAIL case (See Case M.10188) - Midday Express
• Commission clears creation of joint venture by Baosteel, Baowu Aluminium and Kobelco (M.11686) - Midday Express
• Commission publishes findings of "evaluation" of EU antitrust enforcement framework - See the Q&A and Summary
• Commission issued its public decision approving KKR's acquisition of Telecom Italia's fixed-line business - See Case M.11386
• Belgium - The Competition Authority approves the acquisition of Duomed by Palex
• UK - The CMA launches investigation into Ticketmaster over Oasis concert sales
• UK - The CMA objects to Google’s ad tech practices in bid to help UK advertisers and publishers
• UK - The CMA is investigating the anticipated acquisition by Acerinox, S.A. of Haynes International, Inc.
• UK - CMA has published the Responses to the notice of possible remedies related to the Spreadex / Sporting Index merger inquiry
• UK - The Court of Appeal has upheld the CMA’s finding of cartel infringement relating to an illegal market sharing agreement in the supply of an essential medicine

STATE AID

• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.113166; SA.110019 & SA.113057
• Commission approves €53 million Danish State aid scheme to support a more climate-friendly dairy production (SA.113145) - Midday Express

TRADE & CUSTOMS

• Agenda for: Working Party on European Free Trade Association (EFTA) - 10 September 2024
• Agenda for: Customs Programme - CLEN Action 1 - ILIADe Group Meeting - 29 October 2024
• Agenda for: Customs Programme - CLEN Action 4 - 25th Anniversary celebration of the CLEN - 26 September 2024
• Proposal for a Council Decision on the position to be taken on behalf of the European Union in the EU-CTC Joint Committee established by the Convention of 20 May 1987 on common transit as regards the adoption of a Decision amending the Convention on a common transit procedure for the accession of Georgia
• Commission Implementing Regulation (EU) …/... terminating the partial interim review of the anti-dumping measures applicable to imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China
• Commission Implementing Regulation (EU) …/... terminating the partial interim review of the anti-subsidy measures applicable to imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China
• Commission Implementing Regulation (EU) 2024/2206 of 5 September 2024 amending Implementing Regulation (EU) 2019/73 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electric bicycles originating in the People’s Republic of China following acceptance of a request for new exporting producer treatment
• Commission Implementing Regulation (EU) 2024/2211 of 5 September 2024 imposing a definitive anti-dumping duty on imports of oxalic acid originating in India and the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
• Compendium of customs valuation 2024 - as updated on 14 August 2024
• Call for evidence: Further reciprocal tariff liberalisation under Art. 29 of the EU-Ukraine Association Agreement - Proposal for a decision - Feedback period: 03 September 2024 - 01 October 2024
• Copa-Cogeca: Joint Press Release - With the elections under the table, the Mercosur deal is back on the menu – much to our discontent
• Eleven EU countries push for conclusion of Mercosur trade deal - Financial Times

INTERNAL MARKET & INDUSTRY

• Agenda for: Working Party on Competitiveness and Growth (Public Procurement) - 27 September 2024
• European steel industry and manufacturing at existential risk: radical Clean Industrial Deal last train for stronger and greener EU, warns EUROFER

CHEMICAL

• Judgment of the Court of 05 September 2024 in Joined Cases C‑256/23 and C‑290/23, European Chemicals Agency (ECHA) Vs. Hallertauer Hopfenveredelungsges. m.b.H., intervening party: Regierung von Niederbayern (C‑256/23), and European Chemicals Agency (ECHA) Vs. B. GmbH (C‑290/23)
  Re: Reference for a preliminary ruling - Article 299 TFEU - Regulation (EC) No 1907/2006 - REACH - Article 94(1) - Regulation (EC) No 340/2008 - First subparagraph of Article 11(3) and third subparagraph of Article 13(4) - Fees due to the ECHA - Fee for registration of a substance - Reduction granted to SMEs - Verification by ECHA of the declaration relating to the size of the enterprise in question - Failure to provide certain information within the prescribed period - ECHA decision demanding payment of the full fee in question and imposing an administrative charge - Enforcement - Possibility for ECHA to bring an action before a national court in order to obtain payment of that administrative charge
• Agenda for: Ad-hoc meeting of the REACH Committee - 20 September 2024

FINANCE

• Agenda for: Att. & Exp. Financial Services and Banking Union (Digital Euro) - 25 September 2024
• ECB: Update on the work of the digital euro scheme’s Rulebook Development Group
• Why Europe needs its own Nasdaq - The EU has to tackle the drain of valuable tech companies to US capital markets - Financial Times

TAXATION

• Judgment of the Court of 05 September 2024 in Case C‑83/23, H GmbH Vs. Finanzamt M
  Re: Reference for a preliminary ruling - Harmonisation of fiscal legislation - Common system of VAT - Directive 2006/112/EC - VAT unduly invoiced and paid - Correction of the invoice - Liquidation of the supplier - Refund to the supplier of the VAT - Refusal of the tax authority to refund the VAT directly to the purchaser - Priority for the right to a VAT refund - Risk of a double refund of the VAT - Risk of loss of tax revenue
  
• Opinion of Advocate General Kokott of 05 September 2024 in Case C‑331/23, Dranken Van Eetvelde NV Vs. Belgische Staat
  Re: Reference for a preliminary ruling - Tax law - VAT - Directive 2006/112/EC - Articles 205 and 273 - Joint and several liability for the tax debts owed by a third party - Conditions and scope of liability - Strict liability without consideration of the actual contribution to the offence - Extension of liability to include tax debt without consideration of input tax deduction - Extended liability with a view to the effective combating of VAT fraud - Proportionality of such liability - Principle of neutrality - Principle ne bis in idem
• Opinion of Advocate General Rantos of 05 September 2024 in Case C‑137/23, X Vs. Staatssecretaris van Financiën
  Re: Reference for a preliminary ruling - Taxation - Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(c) - Exemption of energy products used as fuel for the purposes of navigation within EU waters - Gas oil used for the propulsion of a vessel not containing the required fiscal marker - Directive 95/60/EC - Fiscal marking of gas oils and kerosene - Excise duty - Directive 2008/118/EC - General arrangements for excise duty - Article 7(2) - Chargeability of excise duty - Release for consumption of excise goods - Holding of excise goods outside a duty suspension arrangement where excise duty has not been levied - Article 8(1) – Person liable to pay the excise duty that has become chargeable - Holder of the excise goods - Excise goods supplied by an authorised warehousekeeper - Gas oil not bearing the requisite fiscal marker - Principle of proportionality

ENERGY

• Call for evidence: Energy security architecture – fitness check - Energy - Evaluation - Feedback period: 03 September 2024 - 26 November 2024

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (WPIEI Desertification) - 18 September 2024
• The EU must insist on more rigorous carbon offsets for these to become a credible tool to achieve net zero emissions - See CER Insight

TRANSPORT & MOBILITY

• EU air safety regulator orders one-off inspections of some Airbus A350s - EASA requires potentially faulty fuel hoses to be removed from aircraft - Financial Times

DIGITAL & INFORMATION SOCIETY

• US, Britain and Brussels to sign agreement on AI standards - Growing push to regulate fast-growing technology leads to pact focused on human rights and democracy - Financial Times 

AREA OF FREEDOM, SECURITY & JUSTICE

• Commissioner Johansson visits Egypt to strengthen cooperation on migration and security affairs - Midday Express
• Vice-President Schinas in Yerevan to launch a dialogue on the liberalisation of the visa regime with Armenia - Midday Express

FUTURE OF EUROPE

• Agenda for: Working Party on General Affairs - 09 September 2024
• Minutes of the Meeting of the Coreper - 10 July 2024

EXTERNAL RELATIONS

• Political and Security Committee Decision (CFSP) 2024/2181 of 27 August 2024 on the appointment of the EU Mission Force Commander for the European Union Military Assistance Mission in Mozambique (EUMAM Mozambique), and repealing Decision (CFSP) 2023/1790 (EUMAM Mozambique/1/2024)
• EU provides €40 million in humanitarian aid for winter preparedness in Ukraine
• Viktor Orbán is losing his Putin discount - Hungary has long enjoyed bargain Russian oil. New Ukrainian sanctions are changing that — and Budapest is fuming - Politico.eu