Europe Daily News, October 27, 2022 | Perspectives & Events


  • JJudgment of the Court of Justice of 27 October 2022 in case C-721/20; DB Station & Service AG vs. ODEG Ostdeutsche Eisenbahn GmbH
    Regarding: 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 regulatory authority – Control of infrastructure charges – National courts – Control of charges in the light of competition law – Allocation of powers between the regulator and the national courts
  • SSummary of the Commission decision of 19 November 2021 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.40127 – Canned vegetables)
    – Advisory Committee Opinion on Restraints of Competition and Dominant Positions
    – Final report of the Hearing Officer
  • PPre-notification of a concentration (Case M.10892 – Apollo / Hines / VI-BA / Aedes)
  • PPre-notification of a concentration (Case M.10953 – ADD / Totalenergies / Total Egypt)
  • COmission 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: Outstanding importance of Amazon for cross-market competition (decision of July 7th, 2022)
  • uK – The CMA has approved LSEG’s anticipated acquisition of Quantile following a thorough merger investigation
  • uK – The CMA has identified preliminary competition concerns as part of its in-depth investigation into the expected acquisition of MBCC Group by Sika AG – see Preliminary Findings & Appendices and Glossary


  • EDecision No. 029/22/KOL of the FTA Surveillance Authority of 9 February 2022 amending the substantive rules in the field of state aid by introducing new guidelines on state aid for climate, environmental protection and energy 2022
  • CCommission approves €1.25 billion Hungarian program to support businesses linked to Russia’s war in Ukraine (SA.104515) – IP/22/6388
  • COmission opens in-depth investigation into Hungarian support for new auto parts plant in Észak Magyarország (SA.63470) – IP/22/6371
  • CCommission approves €12 million German program to support the fisheries sector in the context of Brexit (SA.103312) – Midday Express
  • CCommission approves €58 million Italian manufacturing support program in connection with Russia’s war against Ukraine (SA.10446) – Midday Express


  • Agenda for: Informal meeting of trade ministers on 30-31 October 2022 in Prague
  • MMission report following the ad hoc delegation to the WTO public forum and the 50th meeting of the Steering Committee of the WTO Parliamentary Conference, Geneva, Switzerland, 27-29 May 2018. Sep 2022
  • RRecommendation on the proposal for a Council decision on the conclusion, on behalf of the European Union, of an agreement amending the lists of specific obligations under the General Agreement on Trade in Services to include Annex 1 of the Declaration on the conclusion of negotiations on the Domestic Services Regulation of December 2, 2021
  • CDesist from Implementing Regulation (EU) 2022/2068 of October 26, 2022 imposing a definitive anti-dumping duty on imports of certain cold rolled flat steel products originating in the People’s Republic of China and the Russian Federation following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/ 10 of the European Parliament and of the Council
  • COmission of the Implementing Decision (EU) 2022/2070 of October 26, 2022 not to suspend the with the Implementing Regulation (EU) 2019/1688
  • EU supports the functioning of the State Customs Service of Ukraine during the war
  • WTO publishes new edition of Trade Profiles




  • JJudgment of the Court of Justice of 27 October 2022 in case C-641/21; Climate Corporation Emissions Trading GmbH vs. Tax Office Austria
    Re: Reference for a preliminary ruling – Taxation – Common system of VAT – Directive 2006/112/EC – Art. 44 – Tax place of supply – Transfer of greenhouse gas emission allowances – Recipient involved in VAT fraud in a chain of transactions – Taxable person who knew of the existence of this fraud or should have known


  • MMain results – Transport, Telecommunications and Energy Council (Energy) 25 October 2022
  • AAnswer by EPP Timmermans to a written question by the MEP – Biogenic natural gas from the Eastern Mediterranean
  • ACER reviews the rules for cross-zonal capacity allocation in the long-term power markets
  • ACER has decided not to grant the Swedish transmission system operator an exemption from the 70% requirement
  • ACER – REMIT News: The latest REMIT Quarterly is online


  • EVP Timmermans and Commissioner Sinkevičius’ remarks on the new legislative proposals: the Zero Pollution Package
  • AAnswer given by EVP Timmermans on a written question from the MEP – Alternative fuels and life cycle assessment in emission standards for heavy goods vehicles


  • Ggenetically modified plant varieties: According to First Advocate General Szpunar, in vitro applied random mutagenesis must be excluded from the scope of EU law on the deliberate release of GMOs into the environment (see CPR No. 174/2022 – Opinion of the Advocate General in Case C-688 /21, Confédération paysanne and others (Mutagenèse aléatoire in vitro)


  • RRegulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on an internal market for digital services and amending Directive 2000/31/EC (Digital Services Act) and Commission statement


  • fFirst Advocate General Szpunar: A national authority should be able to access civil identity data associated with IP addresses when that data is the only investigative tool enabling the identification of the owners of those addresses who are suspected of online copyright infringement (see CPR No. 172/2022 – Opinion of the Advocate General in Case C-470/21, La Quadrature du Net and others)
  • TThe person responsible for personal data is obliged to take reasonable steps to inform internet search engine providers of a request for deletion by the data subject (see CPR No. 171/2022 – Judgment of the Court of Justice in Case C-129/21, Proximus (Annuaires électroniques public))


  • Transport MEPs back EU road transport deals with Ukraine and Moldova
  • MMake crucial traffic data available digitally, says EP transport committee


  • EEuropean Arrest Warrant: Advocate General Ćapeta proposes that the notion of ‘decision-making judicial proceedings’ should be construed as any step of the proceedings which has the decisive influence on a person’s deprivation of liberty. (See CPR No. 173/2022 – Opinion of the Advocate General in Joined Cases C-514/21, C-515/21 Minister for Justice and Equality (Levée du sursis))
  • BOrder management: EU signs agreement with North Macedonia – IP/22/6417


  • NextGenerationEU: Commission makes first €2.6 billion payment to Romania under Recovery and Resilience Facility – Midday Express
  • EU Recovery: safe and green energy for homes and businesses – See EP statement
  • Investor calls on ECB to block €2.5bn rights issue at Italian bank – Law firm RPC says Monte dei Paschi’s high subscription fees make fundraising ‘illegal’ – Financial Times


  • SStatement by the High Representative on behalf of the EU on the alignment of certain countries with restrictive measures against certain individuals and entities in view of the situation in Tunisia
  • TThe EU and Singapore will deepen their business ties at the Matchmaking Event 2022 under the EU-Singapore Administrative Arrangement on Cluster Cooperation
  • JJoint press statement by the President of the Republic of Kazakhstan Kassym-Jomart Tokayev and the President of the European Council Charles Michel
  • AArgentina: Intervención del Alto Representante Josep Borrell durante la reunion ministerial de la CEPAL – See FactSheet
  • SStatement by President von der Leyen on the occasion of her official visit to North Macedonia and Kosovo
  • Agenda for ACP-EU: 42nd Joint Parliamentary Assembly from 29 October to 2 November
  • ECommissioner for International Partnerships, Ms Jutta Urpilainen, on a visit to Malawi
  • Sunak relaxes with bringing Brexit ax into EU law – Financial Times


  • SStatement by the High Representative on behalf of the EU on the alignment of certain countries with restrictive measures in relation to activities that undermine or threaten the territorial integrity, sovereignty and independence of Ukraine


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