Europe Daily News, November 23, 2022 | Perspectives & Events

COMPETITION

  • JJudgment of the Court of Justice of 23 November 2022 in Case T-275/20; Westfälische Drahtindustrie GmbH, Westfälische Drahtindustrie Verwaltungsgesellschaft mbH & Co KG, Pampus Industriebeteiligungen GmbH & Co KG, applicants, v European Commission
    Regarding: Action for annulment and damages – Competition – Cartels – European prestressing steel market – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Suspension of the obligation to provide a bank guarantee – Graduation of payments provisionally rendered – Judgment , which partially annulled the decision and imposed a fine of the same amount as the fine originally imposed – Set-off of provisional payments – Default interest – Articles 266(1), 266(1) TFEU – Unjust enrichment – Sufficiently serious breach of a legal norm conferring rights on individuals – recovery of amounts not due – lack of legal basis – illegality
  • NOpposition to a notified concentration (Case M.10928 – ICI / Benvic)
  • NOpposition to a notified concentration (Case M.10960 – EPPE / PZEM subsidiaries)
  • NOpposition to a notified concentration (Case M.10925 – BNP Paribas/Terberg Business)
  • NOpposition to a notified concentration (Case M.10854 – GIC Investor / KIA / Omers / DCLI)
  • GGermany – Meta (Facebook) responds to concerns of the Federal Cartel Office – VR glasses can now be used without a Facebook account
  • uK – Well intervention services contract could lead to increased costs for UK oil and gas production (summary of phase 1 decision)

STATE AID

  • CCommission approves €7.75 million Cypriot scheme to support some agricultural producers in connection with Russia’s war against Ukraine (SA.104833) – IP/22/6985
  • CCommission approves changes to German plans, including budget increase of up to €45 billion to support companies linked to Russia’s war in Ukraine (SA.104756) – IP/22/7084
  • CCommission approves Slovak €50 million program to support agriculture, fisheries and aquaculture sectors in connection with Russia’s war against Ukraine (SA.104815) – Midday Express

TRADE & CUSTOMS

  • MContributions from: The Second Trade Technical Committee on Services, Investment and Digital Trade under the EU-UK Trade and Cooperation Agreement – 20 October 2022
  • Aamending Decision (EU) 2015/2169 on the conclusion of the Free Trade Agreement between the European Union and the Republic of Korea – See EP resolution
  • EAgreement between the United States and New Zealand: Modification of the concessions for all tariff quotas included in the EU schedule CLXXV – See EP resolution
  • IInformation on imports of products from Ukraine into the EU that are subject to trade liberalization measures, in accordance with the requirements of Article 6 of Regulation (EU) 2022/870
  • uwise by Moldova of tariff quotas granted under the DCFTA and Regulation (EU) 2022/1279 – November 2022
  • Sixth EU-GCC Business Forum – EU-GCC Dialogue on Economic Diversification – 24 November 2022
  • CIvil Society Dialogue on the EU’s TDIs – Annual Report 2021 – 24 November 2022
  • AAnswer by EPP Dombrovskis to a written question by MEPs – Second annual report on the screening of foreign direct investments in the Union
  • RDefining the EU’s geoeconomic approach to trade policy – Egmont Policy Brief 294 – November 2022
  • WTO – Speech by DG Okonjo-Iweala: “More than ever we need multilateral cooperation and solidarity”
  • EU plans subsidy war chest as industry faces ‘existential’ threat from US – European industry in dire straits thanks to high gas prices and new generous subsidies for American rivals – Politico.eu

DOMESTIC MARKET & INDUSTRY

  • European Research Council awards €636 million in grants to emerging scientific talent across Europe
  • AAnswer from Mr Breton to a written question by the MEP – Question on animal by-products in the EU Fertilizers Regulation
  • ELegislative resolution of the European Parliament of 22 November 2022 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1025/2012 as regards the decisions of European standardization organizations on European standards and European standardization outcomes

INTELLECTUAL PROPERTY

  • JJudgment of the General Court of November 23, 2022 in Case T-701/21 Allessa GmbH, Vs. European Union Intellectual Property Office (EUIPO)
    Regarding: EU trade mark – Invalidity proceedings – EU word mark CASSELLAPARK – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No trade mark likely to mislead the public – Article 7(1)(b), (c) and (g) of Regulation (EC) No 207 /2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) No. 2017/1001) – Obligation to state reasons – Article 94 of Regulation No. 2017/1001
  • JJudgment of the General Court of November 23, 2022 in Case T-515/21, Zeta Farmaceutici SpA v European Union Intellectual Property Office (EUIPO), Specchiasol Srl
    Regarding: “Case T-515/21) (1): Zeta Farmaceutici SpA v European Union Intellectual Property Office (EUIPO), Specchiasol Srl (1) (EU trade mark – Invalidity proceedings – EU word mark EUPHYTOS – Earlier EU figurative mark EuPhidra – Evidence of genuine use of the earlier Trademark – Articles 56(2) and 43(2) of Regulation (EC) No 40/94 (now Articles 64(2) and 47(2) of EU Regulation (EU) 2017/1001) – Relevant Periods – First presentation of evidence before the Board of Appeal – Power of assessment of the Board of Appeal – Classification of new or additional evidence – Art. 95 (2) of Regulation 2017/1001 – Art. 27 (4) of Delegated Regulation (EU) 2018/625
  • JJudgment of the General Court of 23 November 2022 in Case T‑151/22, General Wire Spring Co. Vs. European Union Intellectual Property Office (EUIPO)
    Regarding: EU trade mark – International registration designating the European Union – Word mark GENERAL PIPE CLEANERS – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001

FINANCIAL SERVICES

TAXATION

  • AAnswer by Mr Gentiloni to a written question by an MEP – Mutual assistance in the recovery of claims related to taxes, duties and other measures

EMPLOYMENT & SOCIAL POLICY

  • Gender Equality: EU breaks glass ceiling with new targets for gender balance on company boards – See Statement, FactSheet & Outcome of EP second reading (Strasbourg, 21-24 November 2022) – See EP resolution
  • AAnswer by Mr Schmit to a written question from the honorable Member – Lack of a uniform European system of limit values ​​for gases in import containers
  • Erasmus+ call launched in 2023: €4.2 billion to support mobility and cooperation in education, training, youth and sport – IP/22/7075

ENERGY

  • CCommission proposes a new EU instrument to limit excessive gas price spikes – IP/22/7065, QaA, Proposal for a regulation and comments by Commissioner Simson
  • EEstablishment of the EU-ASEAN Energy Dialogue on behalf of the Union – Request for approval by the Council under the non-binding instrument regimes – Authorization to sign a non-binding instrument
  • CCommissioner Simson on attending the Extraordinary Energy Council – Midday Express
  • EUS proposed cap on gas prices branded ‘a hoax, not a cap’ – member states back deferral, say €275 per megawatt-hour level is far too high – Financial Times
  • RRussia threatens to restrict gas flows to Western Europe via Ukraine – Kyiv denies Gazprom accusation that it is taking supplies for Moldova from last remaining pipeline – Financial Times

ENVIRONMENT & CLIMATE CHANGE

  • TThe Court annuls the Commission Delegated Regulation of 2019 as far as it concerns the harmonized classification and labeling of titanium dioxide as a carcinogen by inhalation in certain powder forms (see CPR No. 190/2022 – Judgment of the Court in joined cases T-279/ 20, T-288/20 and T-283/20 – CWS Powder Coatings and Others v Commission)
  • PProposal for a directive of the European Parliament and of the Council amending Directives 2005/29/EC and 2011/83/EU with a view to empowering consumers for the green transition through better protection against unfair practices and better information – progress report
  • CCommission Delegated Regulation (EU) 2022/2291 of 8 September 2022 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants with regard to hexachlorobenzene
  • TTechnical Assistance Instrument: The Commission helps Greece to cope with natural and environmental disasters
  • LIFE program: €380 million for 168 new green projects across Europe – IP/22/6983
    – short summaries of projects resulting from the LIFE 2020 call for proposals 2021

HEALTH, FOOD AND PRODUCT SAFETY

DIGITAL & INFORMATION SOCIETY

DATA PROTECTION & CYBER SECURITY

  • Agenda for: Att. & Exp. Horizontal on cyber issues – November 25, 2022
  • Cybersecurity: EU starts first phase of building European infrastructure for cross-border security centers – Midday Express
  • DDirective of the European Parliament and of the Council on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No. 910/2014 and Directive (EU) 2018/1972 and repealing Directive (EU) 2016/ 1148 (NIS-2 Directive) (first reading) – Adoption of the legislative act and declaration
  • CCybersecurity investments in the EU: is there enough money to meet the new cybersecurity standards? – See ENISA Statement & NIS Investments – ENISA Report 2022

AREA OF FREEDOM, SECURITY AND JUSTICE

  • Agenda for: Civil Law Working Group (General Questions) – November 30, 2022
  • Romania: Cooperation and Verification Mechanism benchmarks satisfactorily met – IP/22/7029, Q&A
  • EEuropean Citizens’ Initiative: The Commission decides to register a new initiative on the European Whatever it Takes Day – IP/22/7031
  • MEPs approve new rules to protect essential infrastructure – see EP resolution

ECB, EURO & ECONOMY

EXTERNAL RELATIONS

  • China: Speech by HR/VP Josep Borrell at the EP debate on EU-China relations
  • SSpeech by President Charles Michel at the Summit of the Accra Initiative Conference in Accra, Ghana
  • A A strengthened enlargement policy is the EU’s most powerful geopolitical tool – See EP statement
  • EThe European Parliament declares Russia a state sponsor of terrorism

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