Europe Daily News, 18 April 2024

COMPETITION

• Infringements of EU competition law: the former Czech rules on limitation are incompatible with EU law (see CPR Nº 69/2024 - Judgment of the Court of Justice in Case C-605/21 - Heureka Group)
• Summary of Commission Decision of 12 February 2024 relating to a decision pursuant to Article 17(3) of Regulation (EU) 2022/1925 (Cases DMA.100015 – Microsoft – Online Search Engines, DMA.100028 – Microsoft – Web Browsers, DMA.100034 – Microsoft – Online Advertising Services)
• Summary of Commission Decision of 12 February 2024 relating to a decision pursuant to Article 17(3) of Regulation (EU) 2022/1925 (Case DMA.100022 – Apple - number-independent interpersonal communications services)
• Belgium - Competition Authority approves acquisition of 54 of 57 Louis Delhaize Group shops (under the brand Smatch/Match/Louis Delhaize) in first phase after modification of the merger by the parties
• Germany - The Bundeskartellamt has cleared the planned acquisition by the Danish company Novo Nordisk A/S of all shares in Cardior Pharmaceuticals GmbH
• Spain - The CNMC clears the acquisition of Centro Médico El Carmen by Hospitales Cosaga, subject to multiple commitments
• UK - 10 years of the CMA - Promoting competitive markets and tackling unfair behaviour
• Vestager defends EU merger rules, says competition creates strong companies - Reuters
• Microsoft-OpenAI deal set to dodge formal EU merger probe, sources say - Reuters

STATE AID

• Opinion of Advocate General Rantos of 18 April 2024 in Case C‑447/22 P. Republic of Slovenia, European Commission Vs. Petra Flašker
  Re: Appeal - State aid - Articles 107 and 108 TFEU - Aid measures granted by the Republic of Slovenia before accession to the European Union - Preliminary examination phase - Decision of the European Commission finding no State aid - Failure to initiate the formal investigation procedure - Concept of ‘serious difficulties’ as regards the existence of aid or its compatibility with the internal market - Scope of the Commission’s obligations of due diligence and investigation - Burden of proof on the party relying on the existence of ‘serious difficulties’
  
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.107835 & SA.111967
• EFTA Surveillance Authority Decision No 081/23/COL of 31 May 2023 amending the procedural and substantive rules in the field of State aid by introducing revised Guidelines on the enforcement of State aid rules by national courts

TRADE & CUSTOMS 

• Minutes of the Customs Expert Group, Tariff & Statistical Nomenclature, "Heads of Tariff"- 30 November 2023

INTERNAL MARKET  INDUSTRY

• Agenda for: Technical Committee - Motor Vehicles - 23 April 2024
• 'Much more than a market', report by Enrico Letta & Remarks by President Charles Michel
• EP President Metsola at EU Council: "The Single Market is Europe’s greatest economic driver"
• Directive of the European Parliament and of the Council amending Directive 2013/34/EU as regards the time limits for the adoption of sustainability reporting standards for certain sectors and for certain third-country undertakings - Adoption on 29 April
• Commission allocates additional €10 million to support researchers from Ukraine under Horizon Europe - IP/24/2147
• A new inconvenient truth: Europe’s global plans all require money no one has - A competitive, green Europe will require trillions in investments. No one has a good answer on where that money will come from - Politico.eu

CHEMICAL

• ECHA Weekly Newsletter - 17 April 2024
• EU Agencies: more work needed to make chemicals safe and sustainable - ECHA/NR/24/11

FINANCIAL

• Committee MEPs aim at paving the way to a deposit insurance at the EU level
• Committee MEPs want to enhance customers’ control over their financial data

TAXATION

• Judgment of the Court of 18 April 2024 in Case C-509/22; Agenzia delle Dogane e dei Monopoli Vs. Girelli Alcool Srl
  Re: Reference for a preliminary ruling - Taxation - Excise duties - Directive 2008/118/EC - Article 7(4) - Chargeability of excise duties - Release for consumption - Total destruction or irretrievable loss of a product placed under a suspension arrangement - Concept of 'fortuitous event' - Authorisation from the competent authorities of the Member State - Irretrievable loss caused by non-serious misconduct on the part of an employee of the authorised dealer
• Judgment of the Court of 18 April 2024 in Case C-68/23; M-GbR Vs. Finanzamt O,
  Re: Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Articles 30a and 30b - Vouchers supplied by electronic means - Single-use vouchers and multiple-use vouchers - Prepaid cards or voucher codes for the purchase of digital content, bearing a 'country' identifier making the digital content in question accessible only in the Member State concerned
• Judgment of the Court of 18 April 2024 in Case C-133/23: Omya CZ s. r. o. v Generální ředitelství cel
  Re: Reference for a preliminary ruling - Taxation of energy products and electricity - Directive 2003/96/EC - Fifth indent of Article 2(4)(b) - Concept of 'mineralogical processes' - Electricity used to power machinery used for the processing of limestone extracted from quarries
• Judgment of the Court of 18 April 2024 in Case C-89/23; Companhia União de Crédito Popular SA Vs. Autoridade Tributária e Aduaneira
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Scope - Economic activity - Supply of services - Article 135 - Exemptions in favour of other activities - Credit granting transactions - Sale by auction of pledged goods - Single supply - Separate and independent supplies - Principal or ancillary nature of a supply

AGRICULTURE & FISHERIES

• Council ‘Agriculture & Fisheries’ on 29 April 2024
  - CAP Annual Performance Reports - Information from the Commission - Exchange of views
• Public consultation - Agri-food imports - consignments requiring notification of arrival in the EU - Delegated regulation - Feedback period: 17 April 2024 - 15 May 2024

EMPLOYMENT & SOCIAL AFFAIRS

• New EU funding for innovative ideas to reduce long-term unemployment and help people find jobs - IP/24/2102
• Commission launches toolkit to support social housing in Member States - Midday Express

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (Basel) - 25 April 2024
• Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations, and repealing Regulation (EU) 2018/956 - Outcome of the European Parliament's first reading (Brussels, 10-11 April 2024)
• Proposal for a Regulation of the European Parliament and of the Council on methane emissions reduction in the energy sector and amending Regulation (EU) 2019/942 - Outcome of the European Parliament's first reading (Brussels, 10-11 April 2024)
• Commission launches calls for proposals worth €571 million for projects to advance the Green Pact for Europe under the LIFE programme - Midday Express

HEALTH, FOOD, PRODUCT & SAEFTY

• Opinion of Advocate General Campos Sànchez-Bordona of 18 April 2024 in Case C‑157/23; Ford Italia SpA Vs. ZP, Stracciari SpA
  Re: Reference for a preliminary ruling - Liability for defective products - Directive 85/374/EEC - Article 3(1) - Concept of producer - Extension of liability to the supplier - Name, trade mark or other distinguishing feature of the supplier placed on the product and partially coinciding with that of the producer - Article 3(3) - Exemption of the supplier from liability - Identification of the producer - National rule imposing on the supplier the obligation to instigate the appearance of the manufacturer in pending proceedings

TRANSPORT & MOBILITY

• Judgment of the Court of 18 April 2024 in Case 18 April 2024 in Case C-599/22, European Commission Vs. Hellenic Republic
  Re: Failure of a Member State to fulfil obligations - Article 258 TFEU - Regulation (EC) No 29/2009 - Requirements for data link services for the Single European Sky - Article 3(1) - Air traffic service provider designated by the Member State concerned - Failure of that provider to adopt the measures necessary to ensure that organisations providing air traffic services have the means to provide and operate the data link services defined by that regulation - Article 4(3) TEU - Principle of loyal cooperation

DATA PRIVACY & CYBERSECURITY

• Agenda for: Horizontal Working Party on Cyber Issues - 19 April 2024
• EDPB: ‘Consent or Pay’ models should offer real choice - see the Opinion 08/2024
• EDPB: Opinion 6/2024 on the draft list of the Latvian SA on pro-cessing operations exempt from the data protection impact assessment requirement (Art. 35.5 GDPR)
• The ENISA,the European Commission (DG CNECT) and the Belgian presidency of the Council of the European Union organised the 2nd EU Cybersecurity Policy Conference.

AREA OF FREEDOM, SECURITY & JUSTICE

• Commission proposes to open negotiations to facilitate youth mobility between the EU and the UK - IP/24/2105 & QaA
• Geopolitical situation makes voting in European elections even more important - See the EP Statement & the Survey

ECB, EURO & ECONOMY

• ECB - Euro area monthly balance of payments: February 2024
• ECB - Climate change-related statistical indicators - Statistics paper Series No.48
• Feedback on the input provided by the European Parliament as part of its resolution on the ECB’s Annual Report 2022
• Digital euro safeguards – protecting financial stability and liquidity in the banking sector - Occasional Paper Series No.346
• ECB confirms remuneration ceiling for euro area government deposits and adjusts remuneration of other non-monetary policy deposits
• Luis de Guindos: Presentation of the ECB Annual Report 2023 to the Committee on Economic and Monetary Affairs of the European Parliament

EXTERNAL RELATIONS

• Foreign Affairs Council on 22 April 2024
  - Countering instrumentalisation of migration and migrant smuggling - Request by the Finnish and Italian Delegations for an AOB item
• European Council conclusions on Ukraine, the Middle East and Türkiye, 17 April 2024
• Statement by the High Representative on behalf of the EU on the alignment of certain third countries concerning restrictive measures against serious human rights violations and abuses
• EU sets up Investment Framework under its Ukraine Facility, to boost investments for the recovery and reconstruction of Ukraine - Midday Express
• Commissioner Kyriakides in Ankara to participate in the EU-Türkiye High Level Dialogue on Health - see the Joint Statement - Midday Express