Europe Daily News, 16 January 2025

COMPETITION

• Non-opposition to a notified concentration (Case M.11643 - Strabag / HFPS / SRK)
• Non-opposition to a notified concentration (Case M.11790 - Strabag / Becker / WRG KG)
• Non-opposition to a notified concentration (Case M.11762 - OMV / Adamant / Adamant Ecodev)
• Commission clears creation of joint venture by ITOCHU and Kawasaki Heavy Industries (M.11820) - Midday Express
• Commission sends Supplementary Statement of Objections to Lufthansa to prevent harm to Frankfurt-New York air passengers - (AT.40940)
• Belgium - The Competition Authority approves the concentration between Conpapas and Peruna in the potato sector
• Czech Republic - The Office has initiated proceedings against two construction firms over a possible cartel
• UK - The CMA is investigating the anticipated acquisition by Keysight Technologies, Inc. of Spirent Communications plc.
• UK - The CMA gives notice of the proposal to accept final undertakings and is inviting comments on the proposed draft undertakings by 5pm on 31 January 2025 (Spreadex / Sporting Index)

STATE AID

• Judgment of the Court of 16 January 2025 in Case C-547/23 P, Região Autónoma da Madeira Vs. European Commission
  Re: Appeal - State aid - Madeira free zone (Portugal) - Grant of tax advantages to undertakings - Aid scheme implemented by the Portuguese Republic - Decisions C(2007) 3037 final and C(2013) 4043 final - Decision taken by the European Commission on the basis of the first subparagraph of Article 108(2) TFEU - Implementation of existing aid in breach of a condition ensuring the compatibility of the aid with the internal market
• Judgment of the Court of 16 January 2025 in Case C-588/23 Scai Srl Vs. Regione Campania
  Re: Reference for a preliminary ruling - Recovery of unlawful and incompatible aid - Regulation (EU) 2015/1589 - Article 16 - Beneficiary of individual aid identified in the European Commission's recovery decision - Enforcement of the recovery decision - Transfer of the aid to another undertaking subsequent to the recovery decision - Economic continuity - Assessment - Competent authority - Extension of the recovery obligation to the actual beneficiary - Principle of adversarial proceedings - Articles 41 and 47 of the Charter of Fundamental Rights of the EU
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.114713; SA.107009 & SA.107041

TRADE & CUSTOMS

• Judgment of the Court of 16 January 2025 in Case C-376/23, ‘Baltic Container Terminal’ SIA Vs. Valsts ieņēmumu dienests
  Re: Reference for a preliminary ruling - Customs Union - Regulation (EU) No 952/2013 - UCC - Delegated Regulation (EU) 2015/2446 - Implementing Regulation (EU) 2015/2447 - Free zones - Change of customs status of non-Union goods to Union goods - Entries of the holder of an authorisation to carry on activities in a free zone - Legitimate expectations - Res judicata
• Agenda for: Working Party on the United Kingdom - 17 January 2025
• Agenda for: Trade Policy Committee (Full Members) - 23 January 2025
• Agenda for: 124th Customs Code Committee - General Customs Legislation - 23 January 2025
• Agenda for the Customs Business Group on the Trans-European Coordination for ICS2 - 12 & 13 February 2025
• Agenda for the Customs Business Group on EMSWe jointly with the 8th meeting of the EMSWe Data Modelling Working Group - 06 February 2025
• Report of the Commission Expert Group on responsible sourcing of tin, tantalum, tungsten and gold - 17 December 2024
• Commission Implementing Regulation (EU) 2025/58 of 15 January 2025 imposing a definitive anti-dumping duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
• Commission Implementing Regulation (EU) 2025/60 of 15 January 2025 imposing a definitive anti-dumping duty, definitively collecting the provisional duty imposed on imports of erythritol originating in the People’s Republic of China and levying the definitive anti-dumping duty on the registered imports of erythritol originating in the People’s Republic of China
• Commission Implementing Regulation (EU) 2025/61 of 15 January 2025 imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People's Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council
• Council Decision (EU) 2025/93 of 10 January 2025 on the position to be taken on behalf of the European Union in the written procedure by the Participants to the Arrangement on Officially Supported Export Credits as regards the adoption of a decision on amendments to that Arrangement
• Answer given by Mr Šefčovič to a MEP written question - Implementation of the ICJ advisory opinion as regards EU trade with illegal Israeli settlements
• US and Norway issue Innovative Report creating greater transparency in critical mineral supply chains
• Joint Statement - European agricultural stakeholders call for a carefully balanced approach to any potential further trade liberalisation with Ukraine
• Europe’s ‘super-regulator’ role is under threat - If the Trump administration adopts a combative stance on tech and trade, the EU must be prepared to respond - Financial Times

INTERNAL MARKET & INDUSTRY

• Reboot Europe - EU needs an urgent reboot to restore its competitiveness - See BusinessEurope Report
• Working Party on Intellectual Property (Copyright)
  - Policy questionnaire on the Challenges facing Collective Management Organizations in the EU Member States
• The European Institute of Innovation and Technology is creating a new community of knowledge and innovation in the field of water, the marine and maritime sectors and ecosystems - Midday Express

EMPLOYMENT & SOCIAL AFFAIRS

• Erasmus+ grant: the amount paid to a student should not be taken into account in calculating the income tax of the parent on whom that student is dependent (See CPR No.5/25 - Judgment of the Court in Case C-277/23; Ministarstvo financija (Erasmus+ grant))

ENERGY

• Agenda for: Working Party on Energy - 21 January 2025
• ENTSOG and GIE publish their joint System Capacity Map 2025
• Powering the Future: €184.5M Clean Hydrogen Partnership call to boost hydrogen value chain across Europe
• Clean Hydrogen Joint Undertaking Annual Work Programme 2025 in accordance with the Council Regulation (EU) 2021/2085
• EU assessment highlights Carbon Pricing options to accelerate EU integration and the energy transition in the Energy Community

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on the Environment (end-of-life vehicles) - 20 January 2025
• Answer given by Ms Roswall to a MEP written question - Increased pollution in the Western Balkans
• Meeting of the Expert Group on Circular Economy and Sustainable Production and Consumption - 29 November 2024

HEALTH, FOOD & PRODUCT SAFETY

• Public consultation: Veterinary medicines – essential substances for horses and other equine species (list) - Implementing regulation - Feedback period: 15 January 2025 - 12 February 2025

TRANSPORT & MOBILITY

• Judgment of the Court of 16 January 2025 in Case 16 January 2025 in Case C-516/23; NW, YS Vs. Qatar Airways
  Re: Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 3(3) - Free travel or travel at a reduced fare not directly or indirectly available to the public - Passenger having paid only air transport charges and taxes - Booking as part of a promotional campaign - Article 8(1)(c) - Right to re-routing at a later date - No requirement of a temporal link between the cancelled flight and the re-routing flight desired by the passenger
• Judgment of the Court of 16 January 2025 in Case 16 January 2025 in Case C-642/23; Flightright GmbH Vs. Etihad Airways P.J.S.C.
  Re: Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 8(1)(a) - Right to reimbursement of air ticket in the event of cancellation of a flight - Choice between reimbursement in cash or in the form of travel vouchers - Article 7(3) - Concept of ‘agreement signed by the passenger’ - Creation, by the passenger, of a loyalty account on the air carrier's internet site
• Public consultation: Decarbonising the shipping sector – list of neighbouring container transhipment ports - Implementing regulation - Feedback period: 14 January 2025 - 11 February 2025

DIGITAL, DATA PRIVACY & CYBERSECURITY

• Answer given by EVP Virkkunen to a MEP written question - IT security
• Answer given by Mr Brunner to a MEP written question - Europol agreements – exchange of personal data
• Answer given by EVP Virkkunen to a MEP written question - AI and the implementation of the Digital Markets Act
• DIGITALEUROPE's reaction to the European Commission's action plan on strengthening the cybersecurity of hospitals

AREA OF FREEDOM, SECURITY & JUSTICE

• Agenda for: Working Party on Civil Law Matters (General Questions) - 28 January 2025
• Sports arbitration: AG Ćapeta proposes that awards by the Court of Arbitration for Sport must be open to full review by national courts to ensure the compatibility of FIFA rules with EU law (See CPR No.6/25 - Advocate General’s Opinion in Case C-600/23, Royal Football Club Seraing)
• Commissioner McGrath in The Hague for meetings at Eurojust, Europol, the Register of Damages for Ukraine and the International Criminal Court - Midday Express

EXTERNAL RELATIONS

• EU will provide €1.9 billion in initial humanitarian aid for 2025
• EU announces new €120 million humanitarian aid package for Gaza
• Venezuela: Statement by the Spokesperson on recent decisions by the Venezuelan authorities
• EU Special Representative for the Great Lakes Region, Johan Borgstam, makes first official visit to Tanzania
• EU Statement – UN Peacebuilding Commission: Ambassadorial meeting with the Peacebuilding Fund Advisory Group
• With EU support, Ukrzaliznytsia opens modernised train inspection point on the border with Poland at Mostyska II station
• Kosovo: Statement by the Spokesperson on recent actions of the Kosovo authorities against Serbia supported institutions
• The key to dealing with Trump is for Europe not to play the victim - EU member states should not be in a hurry to appease the new US president - Financial Times