2024年9月26日

Europe Daily News, 26 September 2024

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COMPETITION

  • Judgment of the Court of 26 September 2024 in Case C-255/22 P, Orlen S.A. Vs. European Commission, Republic of Lithuania, Republic of Poland, Gazprom PJSC, Gazprom export LLC, Overgas Inc.
    Re: Appeal - Competition - Gas markets of Central and Eastern Europe - Article 102 TFEU - Article 54 of the Agreement on the EEA - Abuse of dominant position - Upstream gas supplies in Central and Eastern Europe - Regulation (EC) No 1/2003 - Article 9, (1) - Decision of the European Commission making binding the individual commitments offered by an undertaking - Action for annulment - Adequacy of those commitments in the light of the competition concerns identified in the statement of objections - Nature of the review by the Court of the Union - Waiver by the Commission of its right to require commitments relating to some of the initial concerns - Principle of sound administration - Principle of proportionality - Obligation to state reasons - Objectives of the EU's energy policy - Article 194 TFEU - Principle of energy solidarity’
  • Prior notification of a concentration (Case M.11634 - Masdar / Terna)
  • Prior notification of a concentration (Case M.11730 - TAV / Fraport / F&B JV)
  • Prior notification of a concentration (Case M.11729 - TAV / Fraport / FTA I JV)
  • Prior notification of a concentration (Case M.11704 - Trafigura / Meroil / Meroil Tank JV
  • Non-opposition to a notified concentration (Case M.11680 - Waterland / Vendis Capital / X2O)
  • Non-opposition to a notified concentration (Case M.11504 - ICIG / Evonik Superabsorber Companies)
  • Summary of Commission Decision of 24 June 2024 pursuant to Article 23(1)(c) of Council Regulation (EC) No 1/2003 (Case AT.40882 - IFF - deletion of data)
    - Opinion of the Advisory Committee on restrictive practices and dominant positions
    - Final Report of the Hearing Officer
  • Commission clears acquisition of Corilus by PSG Equity and Rivean Capital (M.11668) - Midday Express
  • Italy - Antitrust: Investigation opened by the AGCM against Amica Chips and Pata for alleged anti-competitive agreement
  • Poland - UOKiK employees searched the headquarters of technology company ABB Polska and its five distributors. The entrepreneurs may have entered into agreements restricting competition

STATE AID

  • Judgment of the Court of 26 September 2024 in Joined Cases C-795/21 P and C-796/21 P, WEPA Hygieneprodukte GmbH, WEPA Deutschland GmbH & Co KG, applicants in Case C-795/21 P, Vs. European Commission,Federal Republic of German y, intervener at first instance, and Federal Republic of Germany, applicant in Case C-796/21 P, Vs. WEPA Hygieneprodukte GmbH, WEPA Deutschland GmbH & Co. KG, Commission of the European Communities
    Re: Appeal - State aid - Aid scheme implemented by the Federal Republic of Germany for large electricity consumers - Exemption from network charges for the period 2012-2013 - Decision declaring the aid scheme incompatible with the internal market - Action for annulment - Time-limit for bringing proceedings - Admissibility - Article 107(1) TFEU - Concept of ‘State aid’ - State resources - Parafiscal charge or other compulsory levy
  • Judgment of the Court of 26 September 2024 in Joined Cases C-794/21 P and C-800/21 P, Federal Republic of Germany Vs. Infineon Technologies Dresden GmbH & Co KG, Infineon Technologies AG, and European Commission, Infineon Technologies AG, Infineon Technologies Dresden GmbH & Co KG, Vs. European Commission, Federal Republic of Germany
    Re: Appeal - State aid - Aid scheme implemented by the Federal Republic of Germany for large electricity consumers - Exemption from network charges for the period 2012-2013 - Decision declaring the aid scheme incompatible with the internal market - Action for annulment - Time-limit for bringing proceedings - Admissibility - Article 107(1) TFEU - Concept of ‘State aid’ - State resources - Parafiscal charge or other compulsory levy 
  • Judgment of the Court of 26 September 2024 in Case C-710/22 P, JCDecaux Street Furniture Belgium SA Vs. European Commission, Clear Channel Belgium SPR
    Re: Appeal - State aid - Article 107(1) TFEU - Aid implemented by Belgium for JCDecaux Street Furniture Belgium - Advertising displays installed on the territory of the City of Brussels (Belgium) - Non-payment of rents and taxes applicable to those displays - Aid declared incompatible with the internal market - Obligation to recover that aid - Concept of ‘advantage’ - Determination of the applicable legal framework - Method of calculating the amount of aid to be recovered
  • Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections – SA.109026, SA.115493 & SA.114693

TRADE & CUSTOMS

  • Agenda for: Working Party on Trade Questions - 01 October 2024
  • Notice concerning the provisional application of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Kingdom of Thailand, of the other part
  • Proposal for a Council Decision 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 Protocol 4 to that Agreement concerning the definition of the concept of 'originating products' and methods of administrative cooperation - See the Annex
  • Commission to register imports of all products under trade defence investigations in bid to fight unfair competition
  • WTO - EU initiates dispute complaint against Chinese anti-subsidy investigation on EU dairy
  • WTO - The first review of the trade policies and practices of Kazakhstan takes place on 25 and 27 September 2024
  • EP Trade Committee Chair welcomes EU's first foreign subsidies ruling
  • BRICS+: Economic indicators and trade with EU - see the EP Briefing
  • Starmer and von der Leyen to hold talks on resetting UK-EU relations - UK premier and European Commission president to discuss ways to boost co-operation - Financial Times

INTERNAL MARKET & INDUSTRY

ENERGY

  • Recommendation for a Council Decision issuing directives to the Commission to negotiate renewals of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)
  • Belgium calls for EU ban on Russian gas - Financial Times

ENVIRONMENT & CLIMATE CHANGE

  • Agenda for: Working Party on International Environment Issues (Climate change) - 02 October 2024

DIGITAL & INFORMATION SOCIETY

  • Meta, Apple snub EU’s AI Pact - Pledge loses steam ahead of launch as some firms turn to denouncing Europe’s regulatory hurdles on AI. - Politico.eu

DATA PRIVACY & CYBERSECURITY

  • Personal data protection: the supervisory authority is not obliged to exercise a corrective power in all cases of breach and, in particular, to impose a fine (See No 149/2024 - Judgment of the Court of Justice in Case C-768/21, Land Hessen)

TRANSPORT & MOBILITY

AREA OF FREEDOM, SECURITY & JUSTICE

  • Right to an effective remedy: a national court is not required to apply a decision of its constitutional court that infringes EU law (See CPR No 150/2024 - Judgment of the Court of Justice in Case C-792/22, Energotehnica)
  • A price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days (See CPR No 152/2024 - Judgment of the Court of Justice in Case C-330/23, Aldi Süd)

INSTITUTIONAL AFFAIRS

  • The Court of Justice definitively dismisses the action brought by Mr Puigdemont and Mr Comín against the refusal of the President of the European Parliament to recognise their status as Members of the European Parliament in June 2019 (See CPR No 151/2024 Judgment of the Court of Justice in Case C-600/22 P, Puigdemont i Casamajó and Comín i Oliveres Vs. Parliament)
  • Change in the senior management in the Council's General Secretariat

EURO, ECB & ECONOMY

  • ECB - Monetary developments in the euro area: August 2024
  • Liquidity conditions and monetary policy operations from 17 April to 23 July 2024 - ECB Economic Bulletin Issue 6, 2024
  • Mario Draghi’s ‘old Europe’ mindset overlooked eastern dynamism, ministers complain - Central and eastern European capitals say former Italian premier failed to draw on EU’s most competitive economies - Financial Times

EXTERNAL RELATIONS

  • European Peace Facility: Council adopts the second EU assistance measure in support of the Army of the Republic of North Macedonia
  • Speech by President Charles Michel at the UN Security Council open debate on leadership for peace
  • Speech by President von der Leyen at the second meeting of the Ukraine Compact
  • Joint Statement by the European Union, Australia, Canada, France, Germany, Italy, Japan, Qatar, Saudi Arabia, United Arab Emirates, the United Kingdom, the United States

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