Europe Daily News, 29 July 2024

COMPETITION

• The exchange of information over a period of more than ten years between 14 credit institutions in Portugal could constitute a restriction of competition by object (See CPR No 123/2024 - Judgment of the Court of Justice in Case C-298/22, Banco BPN Vs. BIC Português and Others)
• Summary of Commission Decision of 22 November 2023 relating to a proceeding under article 101 of the TFEU and Article 53 of the EEA Agreement (Case AT.40512 - Euro Denominated Bonds)
  - Opinion of the Advisory Committee on restrictive practices and dominant positions
  - Final Report of the Hearing Officer
• Prior notification of a concentration (Case M.11642 - BCI / SCP / AOA)
• Prior notification of a concentration (Case M.11616 - KPS / Innomotics)
• Prior notification of a concentration (Case M.11626 - Jumbo/ Vermaat / La Place)
• Non-opposition to a notified concentration (Case M.11531 - Cinven / Alter Domus)
• Non-opposition to a notified concentration (Case M.11604 - Montagu / TA Associates / Harvest)
• Non-opposition to a notified concentration (Case M.11551 - Trafifigura / Vilma Oil / Vilma Med Oil)
• Germany - Bundeskartellamt : VW and Rivian may establish joint venture
• Germany - Bundeskartellamt prohibits merger between Heidelberg University Hospital and University Hospital Mannheim

STATE AID 

• COVID-19: the Court of Justice confirms the lawfulness of the subordinated loan of €150 million granted by Austria to Austrian Airlines in the summer of 2020 (See No 122/2024 - Judgment of the Court of Justice in Case C-591/21 P, Ryanair and Laudamotion Vs. Commission)
• Commission Decision (EU) 2024/2033 of 21 September 2023 on measure SA.39451 (2015/C) (ex 2015/NN) implemented by Italy for Banca Tercas
• Commission approves €80 million Dutch State aid measure to support an innovative technology for the production of renewable hydrogen (SA.103720)
• Commission opens in-depth State aid investigation into €321.2 million German measure to restructure Condor (SA.63203)
• Commission approves €998 million Dutch State aid scheme to support renewable hydrogen production (SA.110068)

TRADE & CUSTOMS

• Notice of the expiry of certain anti-dumping measures (Tungsten electrodes - The People’s Republic of China - Regulation (EU) 2019/1267 - 30.7.2024)
• Commission Delegated Regulation (EU) …/... amending Regulation (EU) 2019/287 of the European Parliament and of the Council as regards specific provisions contained in the Economic Partnership Agreement between the European Union and the Republic of Kenya
• WTO - Dispute panels established to review EU measures on imports of South African citrus fruit
• WTO - Committee on Technical Barriers to Trade - Notification - European Union - Biocidal products
• EU prepares two-step trade plan to tackle Trump - If the Republican candidate returns to the White House, Brussels will offer a quick deal then threaten retaliation against tariffs - Financial Times

EU/UK RELATIONS

• Trade links between UK and Germany stage post-Brexit recovery - Lift comes amid Prime Minister Keir Starmer’s bid to improve relationship with EU - Financial Times
• Brave thinking can restore some broken links between the EU and UK - The pre-Brexit economic relationship is out of reach but closer ties are possible if each side moves from entrenched positions - Financial Times

INTERNAL MARKET INDUSTRY

• Commission presents New European Bauhaus (NEB) Investment Guidelines to help investors align projects with NEB's transformative vision
• EU defence in need of big financial boost, says Saab chief - Michael Johansson says region’s industrial strategy should have backing of €100bn rather than the €1.5bn envisaged  - Financial Times

FINANCE

• The EBA extends the existing Joint Committee Guidelines on complaints handling to credit servicers
• ESAs published joint final Report on the draft technical standards on subcontracting under DORA
• The EBA responds to the EU Parliament’s 2022 Discharge Report

TAXATION

• Combating aggressive tax planning: the Court upholds the validity of various provisions of the EU directive (See CPR No 119/2024 - Judgment of the Court of Justice in Case C-623/22, Belgian Association of Tax Lawyers and Others)

ENERGY

• Plan to send Azeri gas to Europe may simply disguise Russian fuel, say experts - Kyiv examining plan to replace Russia gas supplies with fuel from Azerbaijan  - Financial Times
• Slovakia proposes ‘technical solution’ to unblock Russian oil supplies - Slovakia and Hungary have criticized Ukraine for halting Lukoil’s supplies - Politico.eu

ENVIRONMENT & CLIMATE CHANGE

• The wolf cannot be designated as a huntable species at regional level when its conservation status at national level is unfavourable (See CPR No 118/2024 - Judgment of the Court of Justice in Case C-436/22, ASCEL)
• Recommendation for a Council Decision authorising the Commission to negotiate, on behalf of the European Union, the revision of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone, as amended in 2012 (Gothenburg Protocol)
• Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869

TRANSPORT & MOBILITY

• Commission Implementing Regulation (EU) 2024/2027 of 26 July 2024 on verification activities pursuant to Regulation (EU) 2023/1805 of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC
• Commission Implementing Regulation (EU) 2024/2031 of 26 July 2024 on the template for monitoring plans pursuant to Regulation (EU) 2023/1805 of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC

HEALTH, FOOD & PRODUCT SAFETY

• Statement by Commissioner Stella Kyriakides on World Hepatitis Day

DATA PRIVACY & CYBERSECURITY

• Decision of the European Data Protection Supervisor of 18 July 2024 amending the Rules of Procedure of the EDPS of 15 May 2020

AREA OF FREEDOM, SECURITY & JUSTICE

• Authorisation to reside on the territory of a Member State for the purposes of studies: a Member State may reject an abusive application for authorisation, even if it has not correctly transposed the directive that provides for that option (See CPR No 124/2024 - Judgment of the Court of Justice in Case C-14/23, Perle)
• Covid-19: the security against a package travel organiser’s insolvency also applies where the traveller has cancelled the trip, prior to the insolvency, due to unavoidable and extraordinary circumstances (See CPR No 120/2024 - Judgment of the Court of Justice in Joined Cases C-771/22, C-45/23, HDI Global - Approximation of laws)
• A consumer having booked a trip abroad may sue the organiser before the court of the place of his or her domicile (See CPR No 121/2024 - Judgment of the Court of Justice in Case C-774/22, FTI Touristik)
• Arrest warrants issued by the United Kingdom: the Court clarifies the conditions under which they may be executed in the European Union (See CPR No 117/2024 - Judgment of the Court of Justice in Case C-202/24, Alchaster)
• Social assistance: access for third-country nationals who are long-term residents to a social security, social assistance or social protection measure cannot be made conditional on the requirement of having resided in a Member State for at least 10 years (See CPR No 115/2024 - Judgment of the Court of Justice in Joined Cases C-112/22, C-223/22,CU)

ECB, EURO & ECONOMY

• Stability and growth pact: Council launches excessive deficit procedures against seven member states

EU INSTITUTIONS

• Appointment of EU Judges: A Member State may propose, from among the candidates named on a list drawn up by a national group of independent experts, a candidate other than the best-ranked candidate on that list, provided that the candidate proposed satisfies the requirements laid down by the Treaties (See CPR No 116/2024 - Judgment of the Court of Justice in Case C-119/23, Valančius)

EXTERNAL RELATIONS

• Joint press release - EU and the Organisation of ACP States join forces to implement outcomes of the 4th International Conference on Small Island Developing States
• Council appoints new EU Special Representatives for Bosnia and Herzegovina, the Great Lakes Region, Kosovo*, and the South Caucasus and the crisis in Georgia, and extends the mandates of three others
• China pressures lawmakers from Slovakia, other countries to skip Taiwan summit - China contacted lawmakers in a bid to pressure them to not attend a democracy summit on the island of Taiwan - Politico.eu
• EU diplomats ordered to cancel parties after budget crunch - Overspending triggers expenses crackdown on bloc’s external action service, hitting travel plans and functions - Financial Times

EU SANCTIONS

• Appeal brought on 2 May 2024 by Grodno Azot AAT and Khimvolokno Plant against the judgment of the General Court of 21 February 2024 in Case T-117/22, Grodno Azot and Khimvolokno Plant Vs. Council - Case C-326/24 P
  Re: annulment of Decision (CFSP) 2021/2125; Regulation (EU) 2021/2124; Decision (CFSP) 2023/421 and Regulation (EU) 2023/419
• Council Implementing Regulation (EU) 2024/2070 of 26 July 2024 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
• Council Implementing Decision (CFSP) 2024/2068 of 26 July 2024 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
• Council Implementing Regulation (EU) 2024/2074 of 26 July 2024 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
• Council Decision (CFSP) 2024/2075 of 26 July 2024 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
• Democratic Republic of the Congo: EU lists nine individuals and one entity
• Statement by the High Representative on behalf of the EU on the alignment of certain countries with Council Decision (CFSP) 2024/1970 concerning restrictive measures in view of Iran’s military support to Russia’s war of aggression against Ukraine and to armed groups and entities in the Middle East and the Red Sea region