Europe Daily News, 13 November 2024

COMPETITION

• Merger control: the General Court upholds the Commission decision authorising Vodafone’s acquisition of Liberty Global’s telecommunications activities in Germany, the Czech Republic, Hungary and Romania (See CPR No 193/2024 - Judgments of the General Court in Cases T-58/20, T-64/20, T-69/20, NetCologne Vs. Commission)
• Judgment of the General Court of 13 November 2024 in Case T‑692/20, Iliad Italia SpA, supported by Fastweb SpA, intervener, Vs. European Commission supported by Telecom Italia SpA, and by Vodafone Group plc
  Re: Competition - Concentrations - Italian market for mobile telecommunication services - Decision declaring the concentration compatible with the internal market - Grouping of passive infrastructure into a joint venture - Commitments entered into during the first phase of examination - Granting of access to the joint venture’s sites - Manifest error of assessment - General terms of the commitments - Protection against a risk of bias when selecting sites - Implementation of commitments
• Prior notification of a concentration (Case M.11692 - SICK / EH / EHS)
• The Commission authorises the acquisition of joint control of Exclusive Networks by CD&R and Permira (M.11676) - Midday Express
• Danish freight forwarder DSV has sought EU foreign-subsidy clearance to buy Deutsche Bahn’s logistics arm Schenker - See Case FS.100125
• Hearing of Executive Vice-President-designate Teresa Ribera Rodríguez - See the Verbatim
• Ireland - CCPC issues assessment to parties in Phoenix/Cellnex merger investigation
• Bulgaria - The commission on protection of competition conducted inspections at the premises of Musicautor
• Spain - CNMC to analyse the BBVA/SABADELL merger in second phase
• 5 things to know about Teresa Ribera’s hearing - Groans, moans, applause, scolding. It was more open-mic night than august debate - Politico.eu

STATE AID

• Judgment of the General Court of 13 November 2024 in Case T-141/23, Laurent Merlin v European Commission
  Re: Action for failure to act - State aid - Common fisheries policy - Financing for shipowners fishing with beam trawls using pulsed electric current - Complaint - Admissibility - Position adopted by the Commission - Clear and definitive nature of the position adopted - Competence of the Commission - Obligation to act
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections – SA.58504 & SA.108904
• Answer given by EVP Vestager to a MEP written question - Possible initiation of a State aid procedure in relation to the planned sale of shares in Hamburger Hafen und Logistik AG 

TRADE & CUSTOMS

• Revised Agenda for: Trade Policy Committee (Deputies) / Attachés & experts - 14 November 2024
• Agenda for: Working Party on the United Kingdom - 15 November 2024
• Agenda for: 11th Meeting - EU-Moldova Association Committee in Trade Configuration - 14 & 15 November 2024
• Agenda for: 101st Electronic Customs Coordination Group (ECCG) held jointly with the Trade Contact Group (TCG) - 28 & 29 November 2024
• Joint Report of the 10th Meeting - EU-Moldova Association Committee in Trade Configuration - 05-06 October 2023
• EU customs stopped fake and potentially dangerous goods worth nearly €3.4 billion from entering the single market in 2023 - See 2023 joint report
• Scaling the extent of Chinese Trade Deflection and Trade Retrenchment into the EU during the first US-China Trade War - see the Zeitgeist Series Briefing

INTERNAL MARKET & INDUSTRY

• Commission proposes a single digital declaration portal to reduce administrative burden for posting workers - see the Q&A and Proposal
• 2024 Report of the Network of SME Envoys to the Competitiveness Council - Presentation by the Commission
• Commission launches consultation on AI Act prohibitions and AI system definition - Midday Express

CHEMICAL

• ECHA to investigate new test method potentially replacing toxicity testing with fish - ECHA/NR/24/30
• List of authorisation decisions adopted on the basis of Article 64(8) of Regulation (EC) No 1907/2006 (REACH) Created by GROW.F.1 - as updated on 13 November 2024
• Commission Implementing Decision of 28.10.2024 granting an authorisation under Regulation (EC) No 1907/2006 of the European Parliament and of the Council to
  - Haas Group International SP. Z.O.O. and Henkel Global Supply Chain B.V. for a use of CT-SD-PD
  - Haas Group International SP. Z.O.O. and Henkel Global Supply Chain B.V. for a use of CT-SD-PD
  - Haas Group International SP. Z.O.O. and Henkel Global Supply Chain B.V. for a use of CT and SD

COMPANY LAW

• Commission Notice on the interpretation of certain legal provisions in Directive 2013/34/EU (Accounting Directive), Directive 2006/43/EC (Audit Directive), Regulation (EU) No 537/2014 (Audit Regulation), Directive 2004/109/EC (Transparency Directive), Delegated Regulation (EU) 2023/2772 (first set of European Sustainability Reporting Standards, first ESRS delegated act), and Regulation (EU) 2019/2088 (Sustainable Finance Disclosures Regulation, SFDR) as regards sustainability reporting

INTELLECTUAL PROPERTY

• Intellectual property: the figurative sign consisting of the phrase ‘Russian Warship, Go F* *K yourself’ in Russian and English cannot be registered as an EU trade mark
  (See CPR No 192/2024 - Judgment of the General Court in Case T-82/24 - Administration of the State Border Guard Service of Ukraine Vs. EUIPO (Russian Warship, Go F**K Yourself)
• The General Court confirms that Chiquita Brands’s blue and yellow oval is not eligible for protection as an EU trade mark in respect of fresh fruits (See CPR No 191/2024 - Judgment of the General Court in Case T-426/23, Chiquita Brands Vs. EUIPO - Compagnie financière de participation)

FINANCE

• Report from the Commission on the activities of the IFRS Foundation, EFRAG and PIOB in 2023
• ESMA - Survey for entities within the scope of initial margin model authorisation under EMIR 3 - From 29 October 2024 to 29 November 2024
• ESMA - Consultation on draft technical advice concerning the Prospectus Regulation and on updating the CDR on metadata - From 28 October 2024 to 31 December 2024
• Report from the Commission On the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purpose of the Terrorist Financing Tracking Program

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: 5th meeting of the Expert Working Group on One Substance, One Assessment - 14 & 15 November 2024
• Agenda for: 35th Expert Group Meeting of the competent CITES Management Authorities - 05 December 2024
• Minutes of the Expert Group meeting on Batteries - 11 July 2024
• Submissions to the Commission Expert Group on the implementation of the EU Soil Strategy for 2030 - 04 October 2024
• Answer given by EVP Šefčovič to a MEP written question - Waste management in EU Member States

COP29

• Remarks by President Charles Michel at the World Leaders Climate Action summit in Baku
• EU launches roadmap with partners at COP29 to help reach the collective goal of reducing methane emissions by at least 30% by 2030
• Commissioner Simson attends COP29 to stimulate international action on renewable energy, methane emissions and support for Ukraine's energy system - Midday Express

DEFORESTATION

• Commission Notice - Guidance Document for Regulation (EU) 2023/1115 on deforestation-free products
• Answer given by EVP Šefčovič to a MEP written question - Revision of the European Deforestation Regulation (EUDR)

HEALTH, FOOD & PRODUCT SAFETY

• Judgment of the General Court of 13 November 2024 in Case T-274/21, Syndicat national des compléments alimentaires (Synadiet), supported by European Federation of associations of Health Product Manufacturers (EHPM) and by FederSalus - Italian Association of Health Products Manufacturers and Distributors Vs. European Commission
  Re: Consumer protection - Substances subject to prohibition, restriction or control by the Union - Article 8(1) and (2) of and Annex III to Regulation (EC) No 1925/2006 - Prohibition and placing under restriction of certain substances and preparations containing hydroxyanthracene derivatives - Article 1(1), first, second and third indents, and (2) of Regulation (EU) No 2021/468 - Concepts of ‘substance’, ‘ingredient’ and ‘preparation’ - Error of law’
• Judgment of the General Court of 13 November 2024 in Case T‑189/21, Aloe Vera of Europe BV, Vs. European Commission
  Re: Consumer protection – Substances prohibited, restricted or under EU scrutiny – Article 8(1) and (2) of, and Annex III to, Regulation (EC) No 1925/2006 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Third entry in Article 1(1) of Regulation (EU) 2021/468
• Judgment of the General Court of 13 November 2024 in Case T‑223/20, Orion Oyj, Vs. European Commission supported by Accord Healthcare, SL
  Re: Medicinal products for human use - Generic medicinal products - Decision granting marketing authorisation for the medicinal product for human use Dexmedetomidine Accord - dexmedetomidine - Eligibility of a medicinal product as a reference medicinal product - Article 10(1) and (2) of Directive 2001/83/EC
• Agenda for: Meeting of the Standing Committee on Cosmetic Products - 22 November 2024

TRANSPORT & MOBILITY

• Commission Implementing Decision of 12 November 2024 establishing a working programme for Directive 2010/40/EU for the period 2024-2028
• Agenda for: Fourth Meeting of the Specialised Committee on Road Transport established by the UK-EU Trade and Cooperation Agreement - 14 November 2024

FUTURE OF EUROPE

• Speech by President von der Leyen at the Hanaholmen Initiative Summit
• 4 parliamentary committees questioned Stéphane Séjourné, French candidate for the Prosperity and Industrial Strategy portfolio
• The members of two committees questioned Roxana Mînzatu, Romanian candidate for Vice-President for the People, Skills and Preparedness portfolio
• The Industry and Internal market committees questioned Henna Virkkunen, Finnish candidate for the Tech Sovereignty, Security and Democracy portfolio
• The Committee on Regional Development questioned Raffaele Fitto, Italian candidate for Commission Executive Vice-President responsible for cohesion and reforms

EXTERNAL RELATIONS

• Agenda for: 59th Meeting of the EEA Council Brussels - 25 November 2024
  - Draft Conclusions
  - Progress report of the EEA Joint Committee
  - Draft Minutes of the 58th meeting of the EEA Council - 28 May 2024
• EU launches call for EU business to invest in Ukraine's recovery and reconstruction - Midday Express
• Poland: Press remarks by HR/VP Josep Borrell after his meeting with Minister for Foreign Affairs Radosław Sikorski
• The EP Foreign Affairs Committee questioned Kaja Kallas, Estonian candidate for High Representative/Vice-President for foreign affairs and security policy