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News Highlights
by eulawlive
19 June to 23 June 2023
Court of Justice to rule on the labelling of a processed foodstuff as being organicallyproduced
Monday 19 June
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Official publication was made of a preliminary ruling request lodged by the Bundesverwaltungsgericht (Germany) concerning the labeling of a processed foodstuff as being organically produced:HerbariaKräuterparadies(caseC-240/23)
Preliminary reference on the compatibility with EU law of the penalty of forfeiture as an automatic consequence of the exclusion of an economic operator from the award of a public service contract
Monday 19 June
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Official publication was made of two cases concerning preliminary ruling requests from the Consiglio di Stato (Italy) whereby the compatibility of national legislative rules with Articles 38(1)(f), 48, and 75 of the Legislative Decree No 163 of 2006 with Articles 16, 49, 50 and 52 of the Charter of Fundamental Right, Article 4 of Protocol No. 7 to the ECHR, Article 6 TEU, and the principles of proportionality, competition, freedom of establishment and freedom to provide services enshrined in Articles 49, 50, 54, and 56 TFEU is sought: Consorzio Nazionale Servizi (C-189/23); Consorzio Leonardo ServizieLavori(C-226/23).
SemmelweisEgyetemchallengesCouncilDecisiononrestrictivemeasures
Monday 19 June
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Semmelweis Egyetem, a university in Budapest, Hungary, led an action against the Council of the European Union regarding Council Implementing Decision (EU) 2022/2506, which was published in the OJ: Semmelweis Egyetem v Council (CaseT-138/23).
Court of Justice to rule on the identication of relevant markets and obligations of a dominant undertaking, withinthemeaningofArticle102TFEU
Monday 19 June
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A case concerning a preliminary ruling request from the ConsigliodiStato(Italy)wherebythereferringcourtisseekingclaricationontheconceptofabuseofadominantposition,within the meaning of Article 102 TFEU, in particular as regards the identication of the relevant markets and any obligations ofanundertakingthatisdominantinoneormoredigitalmarkets, was published in the OJ: Alphabet and Others (C-233/23)
Commission Proposes Efficient Withholding Tax Procedures to Boost Cross-Border Investment and Combat TaxAbuse
Monday 19 June
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e Commission put forward new rules seeking to promote fair taxation, combat tax fraud, and facilitate cross-border investmentacrosstheEuropeanUnion
e EU concludes negotiations with Kenya on Economic Partnership Agreement
Monday 19 June
e EU and Kenya have announced the conclusion of the negotiations for an Economic Partnership Agreement (EPA), theaimofwhichistoboosttradeingoodsandcreateneweconomic opportunities, with targeted cooperation to enhance Kenya’seconomicdevelopment
Council reaches agreement on proposal for wholesale energy market integrityandtransparencyregulation
Tuesday 20 June
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e Council adopted its general approach on a proposal for a regulation on wholesale energy market integrity and transparency(REMIT),whichaimstosupportopenandfaircompetition in the European wholesale energy markets by banning tradingbasedoninsideinformationanddeterringmarketmanipulation.
Council reaches agreement on a proposal for a regulation on nature restoration
Tuesday 20 June
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e Council adopted its general approach on a proposal for a naturerestorationlaw Suchaproposalaimstoprescriberecoverymeasuresthatwillcoveratleast20%oftheEU’slandand 20%oftheseaareasby2030,andallecosystemsinneedofrestorationby2050.
Regulation on Specic Rules for Medicinal Products in Northern Ireland, publishedinOJ
Tuesday 20 June
Official publication was made of Regulation (EU) 2023/1182,whichestablishesspecicrulesformedicinalproductsintendedtobemarketedinNorthernIreland.
eEuropeanCommissionadoptsproposal for next generation of own resources
Wednesday 21 June
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e European Commission completed its proposal for a next generation of own resources, which completes and updates the package for the next generation of own resources to the budgetputforwardbackinDecember2021.
EuropeanCommissionproposestheestablishment of a comprehensive nancinginstrumentforUkraine
Wednesday 21 June
e European Commission proposed the establishment of a nancing instrument that will provide coherent, predictable, as well as exible support for the period 2024-2027 to Ukraine, adapted to the unprecedented challenges of supporting a countryatwar
General Court rejects action for annulment brought by two Chinese companiesagainstanti-dumpingdutiesonaluminumextrusionsfromChina
Wednesday 21 June
e General Court delivered its judgment in Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission (Case T-326/21), rejecting the action for annulment brought by Guangdong Haomei New Materials Co Ltd and Guangdong King Metal Light Alloy Technology Co. Ltd seeking the annulment of certain regulations related to anti-dumping duties on aluminum extrusions imported from thePeople’sRepublicofChina.
General Court renders
Wednesday 21 June
Employee
e General Court, siing in its Extended Composition formation delivered its judgment in a case concerning an action for annulment of a Commission Decision concerning the termination of the applicant’s employment contract, the reemployment of the applicant, and the payment of all related costs:UGv.Commission(T-571/17RENV).
Council advances European Media Freedom Act to safeguard media independenceandpluralism
Wednesday 21 June
e EU member states ambassadors have reached an agreement on the Council’s position regarding the European Media Freedom Act (EMFA), which aims to protect media freedom, pluralism, and independence within the EU, establishing a common framework for media services in the internal market. e EMFA also includes measures to safeguard journalists and media providers from political interference and facilitatetheiroperationsacrossEUborders
Action for annulment against Commission Decision on Madeira Free Trade Zone Aid Scheme, dismissed by GeneralCourt
Wednesday 21 June
e General Court rendered its judgment in Região Autónoma da Madeira v Commission (Case T-131/21) in which the Autonomous Region of Madeira challenged the European Commission’s decision to annul certain articles of the aid scheme implemented by Portugal in favor of the Madeira FreeTradeZone
Court of Justice rules, on appeal, on the participation of hospital experts in the marketing authorization procedure of EMA
ursday 22 June
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e ird Chamber of the Court of Justice delivered its judgment in regard to a case concerning an appeal regarding the impartiality of experts from the European Medicines Agency (EMA), within the context of the granting marketing authorization procedure of a medicinal product: Germany v Pharma Mar and Commission and Estonia v Pharma Mar and Commission(JoinedcasesC-6/21P;C-16/21P)
Court of Justice: Right of access to personal data is not affected by the fact that the data controller is engaged in bankingactivities
ursday 22 June
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e Court of Justice rendered its judgment, in a case concerning a preliminary ruling request seeking the interpretation of therighttoaccessofthedatasubject,wheretheconcerneddata subject has been an employee of the bank, which operates asthedatacontroller:PankkiS(C-579/21)
Advocate General Captea delivers rst OpiniononEPPORegulation
ursday 22 June
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Advocate General Capeta delivered her Opinion in G.K and Others (Europen Public Prosecutor’s Office) (Case C281/22), the rst case on the interpretation of the EPPO Regulation to reach the Court of Justice, concerning an investigation on the accused, suspected of having made false declarations in order to circumvent customs regulations when importingUS-originatedbiodieselintotheEuropeanUnion
criminal proceedings, holds Court of Justice
ursday 22 June
e Court of Justice delivered its judgment in K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings) (Case C-660/21), concerning two individuals who were located near a vehicle in a company car park and were arrested by thepoliceforsuspectedtheoffuel
Court of Justice rules on scope of secondary right of residence for thirdcountry nationals under Article 20
ursday 22 June
e Court of Justice handed down its ruling in Staatssecretaris van Justitie en Veiligheid (Case C-459/20), a preliminary reference submied by the Rechtsbank Den Haag, concerning the interpretation of Article 20 TFEU arising from a dispute between X, a national of ailand, and the Secretary of State for Justice and Security, regarding the laer’s refusal of X’s applicationforleavetoremain.
Advocate General Medina recommends Court of Justice set aside judgment in Public.Resource.Org and RighttoKnowv.Commission
ursday 22 June
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Advocate General Medina delivered her Opinion in PublicResourceOrgandRighttoKnowv EuropeanCommission (Case C-588/21 P), a case concerning access to the Commission’s documentsunderRegulation1049/2001.
Court of Justice rejects action, on appeal, regarding ECB’s decisions to dismiss the appellant from employment,followingcriminalpreceedings
ursday 22 June
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e First Chamber of the Court of Justice rendered its judgment in a case concerning an appeal, whereby the appellant sought, primarily, the annulment of ECB decisions, in accordance with which, he was dismissed from employment at the ECB, following the initiation of criminal proceedings: DI v BCE(C-513/21P).
Commission Implementing RegulationonproceduralarrangementstoimplementtheDSA,publishedintheOJ
Friday 23 June
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Official publication of Commission Implementing Regulation 2023/1201 on detailed arrangements for the conduct of certainproceedingsbytheCommission,pursuanttotheDigitalServicesAct,wasmadeintheOJ.
Norway makes limited progress in addressing ESA’s recommendations on foodsafety
Friday 23 June
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e EFTA Surveillance Authority (ESA) issued a report, whereby it nds that Norway has made limited progress in addressing previous recommendations in the food and veterinary area.
ESA nds no aid was provided to OrkuveitaReykjavíkursubsidiary
Friday 23 June
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Following a thorough examination, ESA concluded that the concerned measures do not amount to State aid granted, withinthemeaningofArticle61(1)oftheEEAAgreement
11th package of economic and individual sanctions against Russia adopted todaybytheCouncil
Friday 23 June
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Today, the Council of the EU adopted the eleventh package of economic and individual measures to strengthen existing EUsanctionsagainstRussia.
General Court dismisses as inadmissible MEP’s action challenging a Commission's DelegatedRegulation
Friday 23 June
eGeneralCourtruled,forthersttime,onthelegalstandingofanindividualMemberoftheEuropeanParliamenttochallenge aCommissionDelegatedRegulationandthestandingcriteriaapplicabletosuchacase.
