Europe Daily News, 05 December 2024

COMPETITION

• Judgment of the Court of 05 December 2024 in Case C-606/23, Tallinna Kaubamaja Grupp AS, KIA Auto AS Vs. Konkurences padome
  Re: Reference for a preliminary ruling - Competition - Agreements, decisions and concerted practices - Article 101(1) TFEU - Vertical agreements - Restriction ‘by effect’ - Agreement providing for limitations on motor vehicle warranties - Obligation on the competition authority to demonstrate anti-competitive effects - Actual effects and potential effects
• Prior notification of a concentration (Case M.11536 - Constantia / Aluflexpack)
• Non-opposition to a notified concentration (Case M.11558 - BPOST / Staci)
• Non-opposition to a notified concentration (Case M.11781 - CDPQ / Engie / FHH)
• Summary of Commission Decision of 17 May 2023 declaring a concentration compatible with the internal market and the functioning of the EEA Agreement (Case M.10438 - MOL/OMV Slovenija) - see the Opinion of the Advisory Committee on mergers and the Final Report of the Hearing Officer
• Commission clears acquisition of Meyer Germany by BMWK and MOF NDS (M.11733) - Midday Express
• Commission clears creation of joint venture by Banco Santander and Pemberton (M.11701) - Midday Express
• Commission clears acquisition of Creative Planning by TPG, GA and Mr. Mallouk (M.11770) - Midday Express
• Austria - At the request of the Federal Competition Authority, the Cartel Court imposed a fine of €43,000 on Riegerbau GmbH. The decision is legally binding
• France - Inter-island air transport in the Caribbean: the Autorité de la concurrence sanctions anticompetitive agreements between the airlines Air Antilles and Air Caraïbes
• Germany - The Bundeskartellamt has cleared the takeover of Heytex Bramsche GmbH by Freudenberg Performance Materials Holding GmbH
• Portugal - AdC warns of competition risks regarding access to generative AI models
• UK - CMA clears Vodafone / Three merger, subject to legally binding commitments - see the Guidance

STATE AID

• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.115372, SA.116001 & SA.115365
• EFTA Surveillance Authority - Decision No 143/24/COL of 25 September 2024 to open a formal investigation into the alleged unlawful State aid to Bane NOR - 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

TRADE & CUSTOMS

• Agenda for: Meeting of the 7th CBAM Committee - 12 December 2024
• Agenda for: Law Enforcement Working Party (Customs) - 12 December 2024
• Agenda for: Trade Policy Committee (Services & Investment) - 11 December 2024
• Agenda for: Customs Programme - CLEN Action 6 - Meeting on the Update and enrichment of ECICS - 10 December 2024
• Minutes of the 67th Plenary Meeting of the Trade Contact Group - 08 October 2024
• Minutes of the Meeting of the Customs Union Performance Expert Group - 05 & 06 November 2024
• Minutes of the Meeting of the Commission Expert Group on the Generalised Scheme of Preferences - 07 November 2024
• Judgment of the Court of 05 December 2024 in Case C-506/23, Network One Distribution SRL Vs. Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti, Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili, Autoritatea Vamală Română - Direcţia Regională Vamală Bucureşti, Ministerul Finanţelor - Direcţia Generală de Soluţionare a Contestaţiilor
  Re: Reference for a preliminary ruling - Customs Union - Incurrence and recovery of the customs debt - Regulation (EU) No 952/2013 - Recovery of anti-dumping duties in respect of imports from China - Collection of default interest under Regulation No 952/2013 - National legislation providing for the imposition of a default penalty in addition to default interest
• Council Decision (EU) 2024/3008 of 28 November 2024 on the position to be adopted on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, with regard to a decision establishing the general requirements for proofs of origin issued electronically under Article 17(4) of Appendix A to Protocol 4 to that Agreement
• Council Decision (EU) 2024/3009 of 28 November 2024 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, as regards the amendment of that Agreement by replacing Protocol No 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
• WTO - Trade concerns centre of focus at Goods Council meeting
• China automakers pivot to hybrids for Europe to counter EV tariffs (Reuters)
• Four South America Mercosur members support new terms of EU trade deal, waiting on EU approval (Reuters)
• EU and South American bloc close to finalising Mercosur trade deal - EC president Ursula von der Leyen expected to head to Uruguay for summit this week - Financial Times

INTERNAL MARKET & INDUSTRY

CHEMICAL

• Agenda for: Meeting of the REACH Committee - 17 December 2024
• Public consultation - Restriction updating Annex XVII REACH regarding CMRs (2023) - Regulation - Feedback period: 05 December 2024 - 02 January 2025
• ECHA Weekly Newsletter - 4 December 2024
• Highlights from November BPC meeting - ECHA/NR/24/34
• Compliance of safety data sheets - still room for improvement - ECHA/NR/24/33
• Cefic’s Long-Range Research Initiative celebrates 25 Years of Pioneering Chemical Safety & Sustainability

FINANCE

• Judgment of the Court of 05 December 2024 in Case C-3/24; ‘MISTRAL TRANS’ SIA Vs. Valsts ieņēmumu dienests
  Re: Reference for a preliminary ruling - Prevention of the use of the financial system for the purpose of money laundering or terrorist financing - Directive (EU) 2015/849 - Scope - Article 2(1)(3)(a) - Taxable entity - Concept of ‘external accountants’ - Accountancy services provided, on an ancillary basis, to companies associated with the service provider ’
• Capital markets Union: Council agrees to make consumers’ financial data more accessible
• ESAs Statement on DORA application
• Verena Ross' speech "Securities markets in 2030" at FESE 50th Anniversary Celebration, 3 December 2024
• Joint EBA and ESMA Guidelines on the assessment of the suitability of the members of the management body of issuers of asset-referenced tokens and of crypto-asset service providers

TAXATION

• Judgment of the Court of 05 December 2024 in Case C-680/23, Modexel - Consultores e Serviços SA Vs. Autoridade Tributária e Assuntos Fiscais da Região Autónoma da Madeira
  Re: Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - First paragraph of Article 183 - Arrangements for the exercise of the right to deduct - Carryover of excess VAT - Concept of “following period” - Repayment of excess VAT - Cessation of economic activity

AGRICULTURE

• European Commission launches the European Board on Agriculture and Food

ENERGY

• Minutes, Submissions & Working Documents - Accelerating permitting for renewable energy projects - 01 October 2024
• Can we really tackle high energy costs by addressing negative electricity prices? - See Eurelectric Statement

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: SCHEER Meeting of the Working Group on Groundwater Directive & Water Framework Directive - 16 December 2024
• Minutes of: SCHEER Meeting of the Working Group on Groundwater Directive & Water Framework Directive - 18 November 2024
• Improving recycling quality will support circular economy - See the EEA Briefing
• What does the EU’s rightward shift mean for green policy? - Plus, carbon removal business Heirloom announces $150mn fundraising in boost to nascent sector - Financial Times

DEFORESTATION

• Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2023/1115 as regards provisions relating to the date of application - Letter to the Chair of the European Parliament Committee on the Environment, Public Health and Food Safety (ENVI)

HEALTH, FOOD & PRODUCT SAFETY

• Joint press release by the European Commission and the European Council on the EU and the Bill & Melinda Gates Foundation co-hosting Gavi High Level Pledging Summit
• ECDC - Three more EU reference laboratories for public health designated

DIGITAL & INFORMATION SOCIETY

• New projects signed under CEF Digital (€142 million) to enhance and strengthen submarine cable infrastructure across and to the EU   - Midday Express
• US Senator Cruz calls out potentially illegal foreign (EU/UK) influence on U.S. AI Policy

DATA PRIVACY & CYBERSECURITY

• EDPB calls for coherence of digital legislation with the GDPR
• Speech by Peter J. Hustinx: "The new rules of the AI Act come in addition to the GDPR that continues to apply to the processing of personal data, training data and use data"
• Speech by Eliška Pírková: "Nowadays, we fully realise that there cannot be a successful case of content moderation or establishing human rights compliant regime for user-generated content without protecting users or people's data"

AREA OF FREEDOM, SECURITY & JUSTICE

• Commission, online platforms and civil society increase monitoring during Romanian elections
• Commission proposes a progressive start of Europe's new digital border system - see the Q&A - Midday Express
• Commissioner Brunner's first official visit to Schengen for the first youth policy dialogue of this mandate - Midday Express

FUTURE OF EUROPE

• Address by President António Costa at the EESC plenary session
• Possible items for College agenda from 11 December 2024 to 05 March 2025
• Commission Decision (EU) 2024/3080 of 4 December 2024 establishing the Rules of Procedure of the Commission and amending Decision C(2000) 3614