Europe Daily News, 8 February 2024

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COMPETITION

  • Opinion of Advocate General Emiliou of 8 February 2024 in Case C‑425/22, MOL Magyar Olaj- és Gázipari Nyrt. Vs. Mercedes-Benz Group AG
    Re: Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Jurisdiction in matters relating to tort, delict or quasi-delict - Action for damages for infringements of competition law - Harm suffered by subsidiaries - Place where the harmful event occurred - Registered office of the parent company - Economic unit
  • Non-opposition to a notified concentration (Case M.11396 - Pirelli / PIF / JV)
  • Prior notification of a concentration (Case M.11412 - CVC / DIF)
  • Prior notification of a concentration (Case M.11355 - Van Drie/ F&F)
  • Prior notification of a concentration (Case M.11431 - Permira / HG / GGW)
  • Prior notification of a concentration (Case M.11480 - Cobepa / SD 2 Holding)
  • Prior notification of a concentration (Case M.11393 - Keppel / Aermont Capital)
  • Commission clears acquisition of ESL by OPSI and Aspo (M.11389) - Midday Express
  • Commission clears acquisition of Project Pinnacle I by ERG and Apex (M.11444) - Midday Express
  • Commission clears creation of joint venture by Telefonica Brasil and Auren Comercializadora (M.11449) - Midday Express
  • Communication from the Commission - Commission Notice on the definition of the relevant market for the purposes of Union competition law - See IP/23/6001 & QaA
  • Germany - Bundeskartellamt clears merger of defence electronics manufacturers Hensoldt and ESG
  • Italia - AGCM has probed Poste Italiane over possibly favoring PostePay
  • UK - The CMA has launched its merger inquiry in the acquisition by Aviva plc of AIG Life Limited
  • UK - CMA provisionally clears the anticipated deal between Arçelik and Whirlpool, finding that consumers will continue to have a wide range of choice

STATE AID

  • Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU - Cases where the Commission raises no objections - SA.106689, SA.107575, SA.103068, SA.105135 & SA.108070
  • Commission Decision (EU) 2024/454 of 7 December 2023 on the measure SA.35484 (2013/C) (ex SA.35484 (2012/NN)): aid granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law carried out in Bavaria
  • EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 November 2023 (Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004)

TRADE & CUSTOMS

  • Commission Implementing Decision (EU) …/… concerning the implementation of the judgment of the Court of Justice of the European Union C-461/18 P and the judgment of the General Court of the European Union T-442/12 in relation to Council Implementing Regulation (EU) No 626/2012 amending Implementing Regulation (EU) No 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China
  • Answer given by VP Šefčovič to a MEP written question - Assessing the impact of tariffs on the EU’s automotive industry in the face of non-compliance with the EU’s rules of origin for electric vehicles
  • Answer given by Ms Kyriakides to a MEP written question - Protection of Italian rice – calling on the Commission to stop favouring imports of Asian rice containing tricyclazole and ensure reciprocity in production standards

INTERNAL MARKET & INDUSTRY

  • Agenda for: Working Party on Competitiveness & Growth (Internal Market) - 14 February 2024
  • Agenda for: Working Party on Technical Harmonisation (Motor Vehicles) - 14 February 2024

FINANCE

  • Council and Parliament agree to delay sustainability reporting for certain sectors and third-country companies by two years
  • Brussels weakens plans to shift derivatives clearing from London - EU-based traders required to send just five trades a year to ‘active accounts’ in the bloc - Financial Times

TAXATION

  • Judgment of the Court of 08 February 2024 in Case C-733/22; Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' - Sofia pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite Vs. Valentina Heights EOOD
    Re: Reference for a preliminary ruling - Common system of VAT - Directive 2006/112/EC - Article 98 - Option for Member States to apply a reduced rate of VAT to certain supplies of goods and services - Annex III, point 12 - Reduced rate of VAT applicable to accommodation provided in hotels and similar establishments - Application of that rate only to accommodation establishments holding a classification certificate - Principle of fiscal neutrality

AGRICULTURE & FISHERIES

  • New Genomic Techniques: MEPs back rules to support green transition of farmers - See the EP Resolution

ENVIRONMENT & CLIMATE CHANGE

  • Commissioner Sinkevičius in Ukraine to discuss environmental consequences of the war and EU's ongoing support for Ukraine's green reconstruction and recovery - Midday Express

HEALTH, FOOD & PRODUCT SAFETY

  • Commission welcomes provisional agreement to ban all remaining intentional uses of toxic mercury in the EU - IP/24/679
  • MEPs adopt new rules to limit exposure to harmful substances at the workplace - see the EP Resolution

DIGITAL & INFORMATION SOCIETY

  • Agenda for: Working Party on Telecommunications & Information Society - 15 February 2024
  • Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2021/1232 of the European Parliament and of the Council on a temporary derogation from certain provisions of Directive 2002/58/EC for the purpose of combating online child sexual abuse - See the 4-column table
  • Commission is gathering views on draft DSA guidelines for election integrity - see the Public consultation - Midday Express
  • Meta, TikTok take EU to court over online content rulebook - Politico.eu

AREA OF FREEDOM, SECURITY & JUSTICE

  • First Advocate General Szpunar: manifest breach of freedom of expression may constitute a ground for refusal of enforcement (See CPR Nº 27/2024 - Opinion of the Advocate General in the Case C-633/22, Real Madrid Club de Fútbol)
  • A judgment of the Court of Justice can constitute a new element justifying a fresh examination of the substance of the asylum application (See CPR Nº 26/2024 - Judgment of the Court of Justice in Case C-216/22, Bundesrepublik Deutschland)
  • Europeans show strong support for EU civil protection in Eurobarometer survey - IP/24/632 & Report
  • Parliament concerned about very serious threats to EU values in Greece - see the EP Resolution
  • Brussels accuses Hungary of breaching EU rules with security law - European Commission says Viktor Orbán’s sovereignty moves will ‘harm democracy’ in member state - Financial Times

ECB, EURO & ECONOMY

  • Commission welcomes the provisional agreement to reinforce the EU long-term budget and to boost Europe's competitiveness and sovereignty - IP/24/681
  • Ensuring euro money transfers arrive within ten seconds - see the EP Resolution
  • Keynote speech by President Charles Michel at the European Investment Bank Group Forum 2024
  • "Update on economic, financial and monetary developments" - ECB Economic Bulletin Issue 1, 2024
  • Added Scope: Eurosystem accepts a fifth rating agency - see the ECB Blog

EXTERNAL RELATIONS

  • European Union donates forest fire prevention and firefighting kits in El Paraíso

RUSSIAN INVASION OF UKRAINE

  • FAQs on sanctions against Russia and Belarus, with focus on the following provisions: Article 5n(2b) of Council Regulation (EU) No 833/2014 (Software)
  • Consolidated version of the FAQs on sanctions against Russia and Belarus
  • President Iohannis: “We must stand by Ukraine and its people”

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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