Europe Daily News, 12 September 2024

COMPETITION

• Prior notification of a concentration (Case M.11632 - Alten / Worldgrid)
• Prior notification of a concentration (Case M.11668 - PSG Equity / Rivean Capital / Corilus)
• Prior notification of a concentration (Case M.11705 - Tikehau Capital / Bouygues / Serena Industrial Partners / Bellova JV)
• The EU Commission published its clearance decision in the Drosed Holding (Lambert Dodard Chancereul) / Indykpol poultry deal - See Case M.11407
• Belgium - Notification MEDE-CC-24/0010: Vermant NV / Scancar NV
• Belgium - The Competition Authority confirms carrying out inspections in the sector of passenger transport by bus and coach
• Germany - Bundeskartellamt discontinues proceeding against Bosch
• Romania - The Competition Council approved the takeover of MedEuropa SRL and MedEuropa Investiții SRL. by Affidea Development SRL
• Slovak Republic - The PMU approved the merger of the Ownest entrepreneurs Československá obchodní banka and European Housing Services
• UK - The CMA has published action plans from hospitals currently in breach of the Private Healthcare Market Investigation Order 2014

STATE AID

• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections – SA.108810 & SA.114237
• EFTA Surveillance Authority Decision No 109/24/COL of 10 July 2024 to open a formal investigation into alleged State aid to Vy Buss AS – Invitation to submit comments pursuant to Article 1(2) of Part I of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice concerning the abovementioned measure
• Commission opens in-depth investigation into alleged German State aid involved in the sale of the Nürburgring racetrack (SA.31550)

TRADE & CUSTOMS

• Agenda for: 3rd civil society forum EU-UK Trade and Cooperation Agreement - 20 September 2024
• Agenda for: Trade Policy Committee (Generalised System of Preferences (GSP)) Attachés & Experts - 18 September 2024
• Commission Implementing Regulation (EU) …/... amending Commission Implementing Regulation (EU) No 1352/2013 establishing the forms provided for in Regulation (EU) No 608/2013 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
• Commission Implementing Regulation (EU) …/... imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain alkyl phosphate esters originating in the People's Republic of China
• The EU and the EEA EFTA States have signed the agreement on the EEA Financial Mechanism 2021-2028 and market access protocols - Midday Express
• USTR publishes a Request for Comments on the EU-U.S. Trade and Technology Council (TTC) Global Trade Challenges Working Group - Deadline for comments: October 21, 2024
• Answer given by EVP Dombrovskis to a MEP written question - Algeria and milk powder
• EU Commission DG Trade organisational chart as updated on 10 September 2024
• EU-China FDI Report Q2/2024 and Report Q1/2024 as of 10 September 2024
• WTO - Harvard’s Jason Furman urges continued embrace of trade to further reduce global inequality
• WTO and ITC commence implementation of fund for women exporters, welcome first grant
• WTO - China initiates dispute complaint against Canadian surtax measures
• Czeching in - Jozef Síkela’s star rises in EU jobs race - The Czech industry and trade minister is gaining momentum to become Ursula von der Leyen’s next trade commissioner - Politico.eu

INTERNAL MARKET & INDUSTRY

• Why Europe needs a systematic R&I policy - Redefining competitiveness for long-term sustainability - Powerpoint presentation (Research WP meeting 11.09.2024)
• Combining Regional Strengths to narrow the EU Innovation Divide - Report of the Expert Group on the Economic and Societal Impact of Innovation (ESIR) - Powerpoint presentation (Research WP meeting 11.09.2024)

TAXATION

• Judgment of the Court of 12 September 2024 in Case C-429/23, ‘NARE-BG’ ЕООD Vs. Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Right to deduct - Time-limits for the declaration and payment of certain taxes - Extension on account of the COVID-19 pandemic - Refusal to exercise the right to deduct VAT - Time-bar - Principles of equivalence, effectiveness and neutrality of VAT
• Judgment of the Court of 12 September 2024 in Case C-243/23, [Drebers] (i), Belgische Staat/Federale Overheidsdienst Financiën Vs. L BV,
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Article 187 - Regularisation of deductions - Extended period of regularisation for immovable capital goods - Definition of ‘capital goods’ - Article 190 - Power of Member States to regard as capital goods services which have characteristics similar to those normally associated with such goods - Extension and renovation work on a building - Possibility provided for in domestic law of treating such work as the construction or acquisition of immovable property - Limitations - Direct effect of Article 190 - Margin of appreciation
• Judgment of the Court of 12 September 2024 in Case C-741/22, Casino de Spa SA and others Vs. Belgian State (FPS Finance), Belgian State (SPF Justice), The House of Representatives
  Re: Reference for a preliminary ruling - Taxation - Common system of VAT - Directive 2006/112/EC - Article 135(1)(i) - Exemptions - Betting, lotteries and other games of chance or gambling - Conditions and limits - Principle of fiscal neutrality - Retention of the effects of national legislation - Right to repayment - Unjust enrichment - State aid - Article 107(1) TFEU - Claim for repayment of tax in the form of damages
• Judgment of the Court of 12 September 2024 in Case C-709/22, Syndyk Masy Upadłości A Vs. Dyrektor Izby Administracji Skarbowej we Wrocławiu, in the presence of Rzecznik Małych i Średnich Przedsiębiorców
  Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Articles 273 and 395 - Implementing Decision (EU) 2019/310 - Combating VAT fraud - Split payment mechanism - VAT account of a taxable person in bankruptcy - Transfer of funds deposited in that account at the request of the liquidator in bankruptcy

AGRICULTURE & FISHERIES

• Council (Agriculture and Fisheries) on 23 September 2024
  - Threat of drought to the Primary Sector in the Mediterranean Member States (MED9 Agricultural Ministerial Meeting, 1-3 September 2024, Cyprus) - Information from the Cyprus delegation
• Public consultation - Organic imports – list of recognised control authorities and control bodies (third amendment) - Implementing regulation - Feedback period: 11 September 2024 - 09 October 2024

ENERGY

• Agenda for: Working Party on Energy - 17 September 2024

ENVIRONMENT & CLIMATE CHANGE

• Public consultation - Heavy-duty vehicles - procedures for in-service verification of CO2 emissions - Implementing regulation - Feedback period: 12 September 2024 - 10 October 2024
• Public consultation - Endangered animal and plant species – suspension of imports from non-EU countries (update) - Implementing regulation - Feedback period: 09 September 2024 - 07 October 2024

HEALTH, FOOD & PRODUCT SAFETY

• Judgment of the General Court of 11 September 2024 in Case T-560/22, Fachverband Eisenhüttenschlacken eV, Vs. European Commission
  Re: ‘EU fertilisers - Regulation (EU) 2019/1009 - Delegated Regulation (EU) 2022/973 - Limit values for chromium and vanadium in EU fertilisers using ferrous slag as a by-product - Criteria of agronomic effectiveness and safety for the use of by-products in fertilisers - Precautionary principle - Legal certainty - Proportionality - Obligation to state reasons’
• Agenda for: SCHEER - Meeting of the Working Group on "brain stimulator" - 04 October 2024
• Agenda for: SCHEER - 4th Meeting of the Working Group on "Forenv Cycle 6" - 11 October 2024
• Agenda for: Scientific Committee for Health, Environmental and Emerging Risks - 20 September 2024
• Agenda for: 105th meeting of the Competent Authorities on the use of biocidal products - 26 & 27 September 2024
• Report & Working Document from the Commission: "On the overall operation of official controls carried out in Member States (2022) to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products"

DATA PRIVACY, DIGITAL & CYBERSECURITY

• Judgment of the Court of 12 September 2024 in Joined Cases C-17/22 and C-18/22, HTB Neunte Immobilien Portfolio geschlossene Investment UG & Co KG Vs. Müller Rechtsanwaltsgesellschaft mbH (C-17/22), and Ökorenta Neue Energien Ökostabil IV geschlossene Investment GmbH & Co KG Vs. WealthCap Photovoltaik 1 GmbH Co KG, WealthCap PEIA Komplementär GmbH, WealthCap Investorenbetreuung GmbH (C-18/22)
  Re: Reference for a preliminary ruling - Protection of individuals with regard to the processing of personal data - Regulation (EU) 2016/679 - Article 6(1), first subparagraph, points (b), (b), (c) and (f) - Lawfulness of processing - Necessity of processing for the performance of a contract to which the data subject is party - Necessity of processing for the purposes of complying with a legal obligation imposed on the controller - Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party Necessity of the processing for the purposes of the legitimate interests pursued by the controller or by a third party - Investment fund set up in the form of a limited partnership making a public offering - Request from a partner for details of other partners holding indirect interests in an investment fund through a trust company
• Opinion of Advocate General Medina of 12 September 2024 in Case C-383/23, Anklagemyndigheden Vs. ILVA A/S
  Re: Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 83 - Administrative fines - Fines other than administrative fines - Concept of ‘undertaking’ - Articles 101 and 102 TFEU - Parent company and subsidiary - Infringement of Regulation 2016/679 by a subsidiary - Calculation of the amount of the fine - Consideration of the total turnover of the group of which the company concerned forms part - Criminal proceedings
• Answer given by Mr Breton to a MEP written question - The 2022 Strengthened Code of Practice on Disinformation
• Express your interest to take part in the EDPB stakeholder event on upcoming guidelines on ‘Consent or Pay’
• EDPS - Western Balkans and Eastern Partnership Region: working together for data protection
• Ireland - The Data Protection Commission launches inquiry into Google AI model
• The Netherlands - ACM publishes DSA guidelines for providers of online services

EXTERNAL RELATIONS

• Commission Implementing Regulation (EU) 2024/2465 of 10 September 2024 amending Regulations concerning restrictive measures and setting out a single list for the Annexes to those Regulations containing the contact details of Member States’ competent authorities and the address for notifications to the European Commission