News Highlights

20 to 24 March 2023

Commission recommendation on improving energy storage to decarbonise and secure EU energy system officially published

Monday 20 March

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Official publication was made of a Commission Recommendation on energy storage to underpin a decarbonised and secure EU energy system, with the goal of reducing emissions andrapidlyendingdependenceonRussianfossilfuels.

CourtofJusticestreamedhearingincase concerning the retention of electronic communication data in criminal proceedings

Tuesday 21 March

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e Court of Justice’s hearing in Procura della Repubblica presso il Tribunale di Bolzano (C-178/22) concerning Article 15(1) of Directive 2002/58/EC prohibiting national laws allowing retention and acquisition of electronic communication data for serious criminal offenses was streamed on the Court’swebsite.

Foreign Affairs Council agrees on delivery and joint procurement of ammunitiontoUkraine

Tuesday 21 March

Commission clears the acquisition of VOO and Brutélé by Orange, subject to conditions

Tuesday 21 March

e European Commission approved, under the EU Merger Regulation, the proposed acquisition of VOO and Brutélé by Orange. e approval is conditional on full compliance with a commitmentspackageofferedbyOrange.

Meta Platforms Ireland: German Federal Court of Justice requests additional preliminary ruling on infringement of datarights‘ asaresultoftheprocessing’

Tuesday 21 March

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Official publication was made of a request for a preliminary ruling in Meta Platforms Ireland (C-757/22) concerning the interpretation of Article 80(2) of the General Data ProtectionRegulation.

Court of Justice: EU law protects specic interests of individual purchasers of motor vehicles containing prohibited defeatdevices

Tuesday 21 March

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e Foreign Affairs Council met on Monday 20 March 2023 and agreed on a three track proposal to urgently provide Ukrainewithartilleryammunition.

e Court of Justice delivered its judgment in Mercedes-Benz Group(Responsabilitédesconstructeursdevéhiculesmunisdedispositifs d’invalidation) (C-100/21), concerning failure to comply with EU law provisions on emissions of pollutant gasses by diesel vehicles and the possible right to compensation derivedfromtherein

Brexit: Regulation laying down rules for the exercise of the Union’s rights in the implementation of the Withdrawal Agreement and the Trade and CooperationAgreementpublishedinOJ

Wednesday 22 March

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Official publication was made of the Regulation 2023/657 laying down rules for the exercise of the Union’s rights in the implementation and enforcement of the Agreement on the withdrawaloftheUnitedKingdomofGreatBritainandNorthern Ireland from the EU and the European Atomic Energy CommunityandoftheTradeandCooperationAgreement.

General Court annuls of Commission’s decisions taken pursuant to Regulation concerning the electronic registry for quotas for placing hydrouorocarbons onthemarket

Wednesday 22 March

In the joined cases Tazzei v Commission (T-825/19) and Tazzei v Commission (T-826/19) the General Court annulled European Commission’s decisions contained in a series of leers and emails concerning the Commission Implementing Regulation 2019/661 ensuring the smooth functioning of the electronic registry for quotas for placing hydrouorocarbonsonthemarket.

Commission’s proposal for a Directive on New rules on substantiating green claims

ursday 23 March

ECA to assess EU’s development and competitivenessinarticialintelligence

Wednesday 22 March

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e European Court of Auditors is conducting an assessment of EU efforts to support the development of articial intelligence to determine whether the European Commission’s plansandnancialmeasuresareeffective

General Court annuls European Central Bank’s decision rejecting request foraccesstodocuments

Wednesday 22 March

e General Court annulled European Central Bank’s decision denying Satabank plc, a Maltese credit institution, its requestforaccesstoitsle:SatabankvECB(T-72/20)

Court of Justice rejects appeal against General Court ruling upholding Commission’s decision concerning former EU official’s insubordination and inappropriatebehavior

ursday 23 March

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e European Commission has proposed new rules to combat “greenwashing” and misleading environmental claims by companies e proposed Green Claims Directive aims to provide consumers with reliable, comparable, and veriable information about the environmental performance of productsandservices.

e Court of Justice in PV v Commission (C-640/20 P) dismissed the appeal lodged by a former EU official against the judgmentoftheGeneralCourtinjoinedCasesT-786/16and T-224/18, in which the laer dismissed the action against, among others, the Director-General of the Commission’s Directorate General for Interpretation’s decision on the deductions from the applicant’s salary for insubordination, inappropriatebehaviorandunjustiedabsences.

Exception to the ne bis in idem principle contained in the CISA claried by theCourtofJustice

ursday 23 March

e Court of Justice ruled in Generalstaatsanwaltscha Bamberg (Exception au principe ne bis in idem) (C-365/21) that declarations made on the basis of Article 55 of the Convention implementing the Schengen Agreement (exceptions to the principle ne bis in idem) are compatible with Articles 50 and Article52(1)oftheCharterofFundamentalRightsoftheEuropeanUnion

Court of Justice claries conditions for refusing to execute EAW in the context oftrialheldinabsentia

ursday 23 March

e Court of Justice rendered its judgment in Minister for JusticeandEquality(Levéedusursis)(JoinedcasesC-514/21and C-515/21), concerning the issuance of two European arrest warrants (EAW) for the purpose of executing custodial sentencesadoptedinabsentia.

AG Richard de la Tour claries conditions under which national courts may refuserecognitionorexecutionofjudgmentsconictingwithpublicpolicy

ursday 23 March

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AdvocateGeneral(AG)RicharddelaTourdeliveredhisOpinion in Charles Taylor Adjusting (C-590/21), concerning the recognition and enforcement of judgments which may have a deterrent effect for parties in proceedings which have been broughtbeforeacourtinanotherMemberState.

ursday 23 March

In Dual Prod (C-412/21), the Court of Justice ruled on a preliminary ruling request by the Satu Mare District Court (Tribunalul Satu Mare) on whether the presumption of innocence and the ne bis in idem principles under Articles 48(1) and 50 of the Charter, read in conjunction with Article 16(1) of Excise Duty Directive 2008/118, preclude the administrative suspensionofanauthorisationasataxwarehouse-keeper

Court of Justice claries the scope of ‘commissions which the commercial agentloses’

ursday 23 March

e Court of Justice delivered its judgment in 02 Czech Republic (C-574/21), concerning the calculation of the compensation of a commercial agent aer the termination of its contract withacommercialagency

ursday 23 March

Advocate General (AG) Emiliou delivered his Opinion in INTER CONSULTING (C-726/21), concerning the facts covered by previous criminal proceedings conducted in another Member State that must be regarded in order to apply the principlenebisinidem.

AG Rantos claries concepts of ‘start of works’ and ‘State authorisation for implementing the investment project’ in case concerning State aid for renewable energy

ursday 23 March

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Advocate General (AG) Rantos delivered his Opinion in Est Wind Power (C-11/22), concerning the concepts of ‘start of works’ and ‘State authorisation for implementing the investment project’ referred to in the Guidelines on State aid for environmental protection and energy 2014-2020 and Decision SA.47354 concerning amendments to the Estonian support scheme for electricity produced from renewable sources and cogeneration, and which both constitute conditions to be fullledforthegrantoftheaidinquestion.

Commission releases two recommendations related to the rights of suspects andreturndecisions

Friday 24 March

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e Commission has issued two recommendations related to the rights of suspects and the return of irregular migrants Both recommendations aim to promote a unied, comprehensive, and effective EU policy on return and readmission, as well as to address the issue of material prison conditions and ensure that pre-trial detention remains an exceptional measure, used in compliance with the presumption of innocence.

Interpretative Communication on the Working Time Directive updated by Commission

Friday 24 March

e European Commission has updated its Interpretative Communication on the Working Time Directive 2003/88/EC to reect more than 30 judgments and orders issued by the Court of Justice of the European Union interpretingthedirective.

European Council publishes conclusionsonUkraine

Friday 24 March

Following the exchange of views with United Nations Secretary-General Guterres, the European Council adopted conclusionsonUkraine

Council and Parliament reach provisional political agreement to decarbonize themaritimesector

Friday 24 March

e Council and the European Parliament reached a provisional political agreement to decarbonize the maritime sector through the FuelEU Maritime initiative, a key part of the EU’s Fitfor55package.