Europe Daily News, 19 September 2024

COMPETITION

• Online accommodation reservation platforms: price parity clauses cannot, in principle, be classified as ‘ancillary restraints’ for the purposes of EU competition law (See CPR No 145/2024 - Judgment of the Court of Justice in Case C-264/23, Booking.com and Booking.com (Deutschland))
  
• Opinion of Advocate General Szpunar of 19 September 2024 in Case C-253/23, ASG 2 Ausgleichsgesellschaft für die Sägeindustrie Nordrhein-Westfalen GmbH Vs. Land Nordrhein-Westfalen, joined parties: Otto Fuchs Beteiligungen KG, Bundeskartellamt
  Re: Reference for a preliminary ruling - Competition - Actions for compensation for harm caused by infringements of competition rules - Directive 2014/104/EU - Group collection of claims for damages - Validity of assignments to a provider of legal services - Inapplicability of national law precluding the validity of such assignments
  
• Prior notification of a concentration (Case M.11279 - CTS Eventim/ FNAC Darty / France Billet)
• Prior notification of a concentration (Case M.11681 - Amundi / Marguerite / ZE Way Invest / ZE Energy JV)
• Prior notification of a concentration (Case M.11683 - Turner / Dornan)
• Non-opposition to a notified concentration (Case M.11641 - KKR / Superstruct)
• Non-opposition to a notified concentration (Case M.11655 - Wendel / PEP / Globeducate)
• Commission starts first proceedings to specify Apple's interoperability obligations under the Digital Markets Act
• Commission takes note of the withdrawal of referral requests by Member States concerning the acquisition of certain assets of Inflection by Microsoft
• Commission issued the public version of its earlier decision clearing plans by US Carrier to acquire German rival Viessmann Climate Solutions (M.11160) 
• Commission has published its decision clearing the acquisition of the superabsorber business of German chemical company Evonik by International Chemical Investors Group (M.11504)
• Commission publishes "policy brief" on competition in generative AI and virtual worlds - Midday Express
• Belgium - The Competition Authority approves the acquisition of Scancar by Vermant in the automotive distribution sector
• Czech Republic - The Office of Competition and Consumer Protection has cleared a merger in the pharmaceutical sector between Growth Expert, s. r. o. and Pilulka Lékárny, a. s.
• Czech Republic - The President of the Office of Competition and Consumer Protection cancelled the fine for BEKO, but objected to the obstruction during the inspection
• Greece - Fighting bid rigging in public procurement / HCC participates in multi country project led by the OECD
  
• Merger rules must help EU companies fight global rivals, says new competition chief Ribera - Incoming Spanish commissioner signals new era in how Brussels polices dealmaking - Financial Times

STATE AID

• The Court annuls the Commission decision finding certain United Kingdom rules on the taxation of controlled foreign companies (CFCs) to be State Aid incompatible with the internal market and sets aside the judgment of the General Court confirming that decision (See CPR No.144/2024 - Judgment of the Court of Justice in Joined Cases C-555/22 P, C-556/22 P, C-564/22 P, United Kingdom Vs. Commission and Others)
• Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.110688; SA.110687 & SA.113580
• Commission approves €2.7 billion Austrian State aid scheme to support decarbonisation of industrial production processes (SA.109730)
• ESA launches investigation into the purchasing of medical imaging services in Iceland

TRADE & CUSTOMS

• Proposal for a Council Decision on the position to be taken on behalf of the European Union in the Trade Committee of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador of the other part, regarding modifications to Appendixes 2, 2A and 5 to Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru, and Ecuador of the other part
• Commission Delegated Regulation (EU) …/... amending Delegated Regulation (EU) 2018/273 as regards the certification of imported wine products and the import of wine originating in New Zealand
• Business calls for a proactive, creative and forward-looking EU trade agenda - see the Position Paper
• UK reviews plans for ‘not for EU’ meat and dairy labelling - Ministers reconsider Tory policy after concerns from food industry and unionists - Financial Times
• Trade policy: 20 people to meet at Labour conference - We break down the 20 figures inside and outside government shaping Labour’s trade policy - Politico.eu
• EU country vote on Chinese EV duties delayed - Vote planned for Sept. 25 will now slip, diplomats say, ahead of crunch talks between Chinese and EU trade chiefs - Politico.eu

INTERNAL MARKET & INDUSTRY

• Judgment of the Court of 13 May 2024 in Case E-8/23 - Trannel International Limited Vs. Staten v/Kultur- og likestillingsdepartementet (the Norwegian State, represented by the Ministry of Culture and Equality)
  Re: Directive 2014/23/EU - Article 5(1)(b) - Exclusive right - Horse race betting - Services concessions - Contract for pecuniary interest - Administrative authorisation
• Regulation of the European Parliament and of the Council establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) - Outcome of the EP's first reading and Corrigendum procedure (Strasbourg, 24 April 2024 and Strasbourg, 17 September 2024)
• Regulation of the European Parliament and of the Council amending Regulations (EU) No 305/2011, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/988 and (EU) 2023/1230 as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency -Outcome of the EP's first reading and Corrigendum procedure (Strasbourg, 24 April 2024 and Strasbourg, 17 September 2024)
• Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2014/29/EU, 2014/30/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency - Outcome of the EP's first reading and Corrigendum procedure (Strasbourg, 24 April 2024 and Strasbourg, 17 September 2024)

RESEARCH

• Commission and OECD launch Research and Innovation Careers Observatory
• The Commission is launching a call for international research cooperation projects with a budget of €99.5 million under the Marie Skłodowska-Curie Actions  - Midday Express

AUTOMOTIVE

• European auto industry calls for urgent action as demand for EVs declines - See Acea Paper
• EU carmakers pressure Brussels to delay stricter emission rules - Drop in electric vehicle sales puts manufacturers at risk of ‘multibillion-euro’ fines and production cuts - Financial Times

CHEMICAL

• Commission restricts use of a sub-group of PFAS chemicals to protect human health and the environment - see the Draft Regulation
• Nine actions to boost the EU chemical industry’s innovation leadership - See the Cefic Paper

TAXATION

• Judgment of the Court of 13 May 2024 in Case E-7/23 - ExxonMobil Holding Norway AS Vs. Staten v/ Skatteetaten (the Norwegian State, represented by the Tax Administration)
  Re: Freedom of establishment - Articles 31 and 34 EEA - Balanced allocation of taxation powers - Concept of final losses - Deduction of losses of a non-resident subsidiary - Even minimal income

AGRICULTURE & FISHERIES

• Council meeting ("Agriculture and Fisheries")
  - Efforts to reduce the spread of African Swine fever in Sweden - Information from Sweden
  - EU-Western-Balkans summit of veterinary services (Budapest, 11 September 2024) - Information from the Presidency
  - 27th session of the FAO Committee on Forestry (COFO27) (Rome, 22-26 July 2024) - Information from the Presidency and the Commission
  - Second session of the Sub-Committee on Livestock of FAO's Committee on Agriculture (COAG) (Rome, 16-18 July 2024) - Information from the Presidency and the Commission
  - Need for a derogation of the obligatory e-registering system for the use of plant protection products - Information from Poland
  - Market situation, in particular following the invasion of Ukraine - Information from the Commission and the Member States - Exchange of views
  - The Common Agricultural Policy (CAP) and performance of the New Delivery Model - Information from Latvia, supported by Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Luxembourg, Malta, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden                                                                                  - Impact and consequences of the spread of the bluetongue virus – feasibility of the use of the CAP crisis reserve - Information from the Belgian delegation
  - Automatic safeguard measure for rice imports from EBA Countries - Information from Italy, supported by Bulgaria, Greece, Portugal, Romania and Spain
  - The use of EAFRD-funded investments - Information from Lithuania, supported by Bulgaria, Estonia, Latvia and Spain.
  - Way Forward in Forest Monitoring - Information from Finland on behalf of Austria, Finland, France, Slovenia and Sweden, supported by Czechia, Latvia, Lithuania, Portugal, Romania and Slovakia
  - PPR (Peste des Petits Ruminants) epidemic - a European problem - adopted measures - Information from Greece          - Increase of «de minimis» aid in the agricultural sector - Information from Germany, supported by France

ENERGY

• Statement by President von der Leyen at the joint press conference with Executive Director of the International Energy Agency Birol - see the FactSheet
• 10 key energy actions that can help safeguard Ukraine’s fragile energy security through the coming winter and beyond - see the IEA Report

ENVIRONMENT & CLIMATE CHANGE

• Agenda for: Working Party on International Environment Issues (UNECE CLRTAP) - 24 September 2024
• Commission Implementing Regulation (EU) …/... laying down rules for the application of Regulation (EU) 2024/573 of the European Parliament and of the Council as regards the registration in the F-gas Portal and repealing Commission Implementing Regulation (EU) 2019/661

HEALTH, FOOD & PRODUCT SAFETY

• Pesticides: No residues of EU-banned products in imported food - see the EP Statement

DIGITAL & INFORMATION SOCIETY

• Judgment of the Court of 19 September 2024 in Case C-273/23; Autorità per le Garanzie nelle Comunicazioni (AGCOM), Ministero dello Sviluppo Economico Vs Telecom Italia SpA, Vodafone Italia SpA, in the presence of: Fastweb SpA, Wind Tre SpA, and Telecom Italia SpA Vs. Vodafone Italia SpA, Fastweb SpA, in the presence of: Ministero dello Sviluppo Economico, Tiscali Italia SpA, BT Italia SpA, Telecom Italia Sparkle SpA, AGCOM, Wind Tre SpA, and Telecom Italia SpA Vs. AGCOM, in the presence of: Fastweb SpA, Vodafone Italia SpA, Tiscali Italia SpA, BT Italia SpA, Wind Tre SpA, and AGCOM against Telecom Italia SpA, Tiscali Italia SpA, BT Italia SpA, Vodafone Italia SpA, in the presence of: Wind Tre SpA, Fastweb SpA
  Re: Reference for a preliminary ruling - Electronic communications networks and services - Universal service and users' rights - Directive 97/33/EC - Article 5 - Directive 2002/22/EC - Article 13 - Financing of universal service obligations - Concept of “unfair” or “unjustified” burden - Definition of the entities participating in the mechanism for financing the net cost of those obligations - National legislation providing for the participation of mobile telephone operators in that mechanism - Criteria - Degree of substitutability between fixed and mobile telephone services ’
• Agenda for: Working Party on Telecommunications & Information Society - 24 September 2024
• Answer given by EVP Vestager to a MEP written question - IRIS v. Starlink: Europe’s secure satellite future?

ECB, EURO & ECONOMY

• Prudential supervision of credit institutions: the Court annuls the 2016 ECB decision refusing the acquisition of a qualifying holding in Banca Mediolanum by Silvio Berlusconi (See CPR No. 146/2024 - Judgment of the Court of Justice in Joined Cases C-512/22 P, C-513/22 P, Fininvest Vs. ECB and Others)
• ECB - Euro area monthly balance of payments: July 2024
• Presentation by ECB's Isabel Schnabel: The euro area inflation outlook: a scenario analysis
• Draghi’s message: sharing economic sovereignty is hard but possible - European public goods should be the linchpin of a new political and institutional contract - see Bruegel Analysis
• EU slashes €200mn of budget payments to Hungary - Brussels launches procedure against Viktor Orbán’s government after it misses deadline to pay fines - Financial Times

FUTURE OF EUROPE

• Draghi to MEPs: “Europe faces a choice between exit, paralysis, or integration” - see the EP Statement & Report of Mario Draghi
• Why Europe will not catch up with the US - America has cultural and structural advantages that governments can’t close - Financial Times
• From queen to empress: Ursula von der Leyen’s power grab - After unveiling her new team, the European Commission president holds more influence than ever - Politico.eu
• A ‘nearly’ gender-balanced Commission isn’t good enough. It’s actually an ominous omen for advancing gender equality in the EU - see CEPS Commentary

EXTERNAL RELATIONS

• Israel/Palestine: Statement by the HR/VP on the UN General Assembly
• Lebanon: Statement by the HR/VP on the new series of explosions across
• Lebanon: Statement by the HR/VP on the series of explosions across the country
• Cuba: Speech by the HR/VP Josep Borrell in the EP plenary on the case of José Daniel Ferrer
• Venezuela: Speech by the HR/VP Josep Borrell in the EP plenary on developments after presidential elections
• EU weighs expanding sanctions on exports to Russia - Officials consider proposal to crack down on shipments to Moscow from European company subsidiaries based overseas - Financial Times