Europe Daily News, October 27, 2022 | Insights and Events


  • Jjudgment of the Court of 27 October 2022 in case C-721/20; DB Station & Service AG Vs. ODEG Ostdeutsche Eisenbahn GmbH
    Re: Reference for a preliminary ruling – Rail transport – Article 102 TFEU – Abuse of a dominant position – Directive 2001/14/EC – Access to railway infrastructure – Article 30 – Railway regulator – Control of infrastructure charges – National courts – Control of charges for light of competition law – Distribution of powers between the regulatory authority and the national courts
  • Ssummary of the Commission decision of 19 November 2021 relating to a proceeding under Article 101 of the TFEU and Article 53 of the EEA Agreement (Case AT.40127 – Canned vegetables)
    – Opinion of the Advisory Committee on cartels and dominant positions
    – Hearing Officer’s final report
  • Pprior notification of a concentration (Case M.10892 – Apollo / Hines / VI-BA / Aedes)
  • Pprior notification of a concentration (Case M.10953 – ADD / Totalenergies / Total Egypt)
  • VSThe commission authorizes the creation of a joint venture between Interparking Servizi and GKSD (M.10922) – Midday Express
  • gGermany – ICN Steering Group statement: The role of competition and competition policy in times of economic crisis
  • ggermany – Decision now published: the paramount importance of Amazon for market competition (decision of July 7, 2022)
  • youK – CMA Clears Early Acquisition of Quantile by LSEG Following Thorough Merger Investigation
  • youK – The CMA provisionally found competition concerns as part of its in-depth investigation into Sika AG’s planned acquisition of MBCC Group – See Provisional Findings & Appendices and Glossary


  • EDecision of the FEA Surveillance Authority n° 029/22/COL (p.218) of 9 February 2022 modifying the substantive rules in the field of State aid by introducing new guidelines on State aid for climate, environmental protection and energy 2022
  • VSCommission approves €1.25 billion Hungarian program to support businesses in the context of Russia’s war against Ukraine (SA.104515) – IP/22/6388
  • VSCommission opens in-depth investigation into Hungarian support for a new car parts factory in Észak Magyarország (SA.63470) – IP/22/6371
  • VSCommission approves €12m German program to support fisheries sector in Brexit context (SA.103312) – Midday Express
  • VSCommission approves €58m Italian program to support manufacturing companies amid Russia’s war on Ukraine (SA.10446) – Midday Express


  • Aprogram for: Informal Meeting of Trade Ministers on 30 and 31 October 2022 in Prague
  • MMission report following the ad hoc delegation to the WTO Public Forum and to the 50th session of the Steering Committee of the Parliamentary Conference on the WTO, Geneva, Switzerland, 27-29 September 2022
  • Rrecommendation on the proposal for a Council decision on the conclusion, on behalf of the European Union, of an agreement to amend the schedules of specific commitments under the general agreement on trade in services in order to incorporate Annex 1 of the statement on the conclusion of the negotiations on the Rules of Procedure of the services of December 2, 2021
  • VSCommission Implementing Regulation (EU) 2022/2068 (p.208) of 26 October 2022 imposing a definitive anti-dumping duty on imports of certain cold-rolled steel flat products originating in the People’s Republic of China and the Russian Federation of Russia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/10 of the European Parliament and of the Council
  • VSCommission Implementing Decision (EU) 2022/2070 (p.149) of 26 October 2022 not to suspend definitive anti-dumping duties on imports of mixture of urea and ammonium nitrate originating in Russia, Trinidad -and-Tobago and the United States of America established by Implementing Regulation (EU) 2019/1688
  • EU supports the operability of the State Customs Service of Ukraine during the war
  • OThe TO publishes a new edition of Trade Profiles




  • Jjudgment of the Court of 27 October 2022 in case C-641/21; Climate Corporation Emissions Trading GmbH Vs. Finanzamt Austria
    Subject: Reference for a preliminary ruling – Taxation – Common system of VAT – Directive 2006/112/EC – Article 44 – Place of tax supply – Transfer of greenhouse gas emission allowances – Beneficiary involved in VAT fraud in a chain of operations – Taxable person who knew or should have known of the existence of this fraud


  • MMain results – Transport, Telecommunications and Energy Council (Energy) 25 October 2022
  • Aanswer given by EVP Timmermans to a written question from the MEP – Biogenic Natural Gas from the Eastern Mediterranean
  • AThe CER reviews the rules for allocating capacity between zones on the long-term electricity markets
  • AThe CER has decided not to grant the Swedish TSO a waiver of the 70% requirement
  • ACER – REMIT News: The latest REMIT Quarterly is online


  • ERemarks by Vice-President Timmermans and Commissioner Sinkevičius on the new legislative proposals: the zero pollution package
  • Aanswer given by EVice-President Timmermans to a written question from a Member of the European Parliament – Alternative fuels and life cycle assessment in emission standards for heavy-duty traffic


  • ggenetically modified plant varieties: according to First Advocate General Szpunar, random mutagenesis applied in vitro must be excluded from the scope of EU law concerning the deliberate release into the environment of GMOs (see CPR n°174 /2022 – Opinion of the Advocate General in case C-688/21, Confédération paysanne and others (Random mutagenesis in vitro)


  • RRegulation (EU) 2022/2065 (p.1) of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) and statement by the Commission


  • FFirst Advocate General Szpunar: a national authority should be able to access civil identity data linked to IP addresses when these data are the only means of investigation allowing the identification of the holders of these addresses suspected of infringing copyright in online (see DPRK n° 172/2022 – Opinion of the Advocate General in case C-470/21, La Quadrature du Net and others)
  • JThe personal data controller is required to take reasonable steps to inform Internet search engine providers of a request for erasure by the data subject (see CPR No. 171/2022 – Judgment of the Court of justice in case C-129/21, Proximus (public electronic directories))


  • Jransport MEPs support EU road transport agreements with Ukraine and Moldova
  • Mmake crucial traffic data available digitally, says EP Transport Committee


  • EEuropean arrest warrant: Advocate General Ćapeta proposes that the term “trial leading to the decision” be interpreted as any stage of the procedure which has a decisive influence on the deprivation of liberty of a person. (See CPR n°173/2022 – Conclusions of the Advocate General in joined cases C-514/21, C-515/21, Minister of Justice and Equality (Lifting of stay))
  • Border management: EU signs agreement with North Macedonia – IP/22/6417


  • NOTextGenerationEU: Commission disburses first €2.6 billion payment to Romania under Recovery and Resilience Facility – Midday Express
  • EU Recovery: safe and green energy for households and businesses – See EP statement
  • IInvestor urges ECB to block €2.5bn rights issue in Italian bank – RPC law firm says Monte dei Paschi’s high underwriting fees make capital raise ‘illegal’ »


  • SDeclaration by the High Representative on behalf of the EU on the alignment of certain countries regarding restrictive measures against certain persons and entities in view of the situation in Tunisia
  • JEU and Singapore deepen business relationship at Matchmaking 2022 event under EU-Singapore Administrative Arrangement on Cluster Cooperation
  • Jjoint press release by the President of the Republic of Kazakhstan, Kassym-Jomart Tokayev and the President of the European Council, Charles Michel
  • AArgentina: Intervención del Alto Representative Josep Borrell during the CEPAL Ministerial meeting – See the information sheet
  • Sstatement by President von der Leyen on the occasion of her official visit to North Macedonia and Kosovo
  • AACP-EU agenda: 42nd Joint Parliamentary Assembly from 29 October to 2 November
  • EU Commissioner for International Partnerships, Ms. Jutta Urpilainen, to visit Malawi
  • SUnak set to impose Brexit ax on EU laws – Financial Times


  • SDeclaration by the High Representative on behalf of the EU on the alignment of certain countries on restrictive measures with regard to actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

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