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101 records in EU in 2023

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Records

Report· CCCELEX 62021CC0790decided

Opinion of Advocate General Medina delivered on 9 November 2023.#Covestro Deutschland AG and Federal Republic of Germany v European Commission.#Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges.#Joined Cases C-790/21 P and C-791/21 P.

European Union · Court of Justice of the European Union · 9 November 2023

Report· CCCELEX 62022CC0516decided

Opinion of Advocate General Emiliou delivered on 9 November 2023.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations – Default procedure – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 127(1) – Transition period – Jurisdiction of the Court of Justice – Judgment of the Supreme Court of the United Kingdom – Enforcement of an arbitral award granting the payment of compensation – Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market – Article 4(3) TEU – Sincere cooperation – Obligation to stay proceedings – First paragraph of Article 351 TFEU – International agreement between Member States and third countries concluded before the date of their accession to the European Union – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) – Application of EU law – Article 267 TFEU – National court or tribunal adjudicating at last instance – Obligation to make a reference to the Court for a preliminary ruling – Article 108(3) TFEU – Suspension of implementation of the aid.#Case C-516/22.

European Union · Court of Justice of the European Union · 9 November 2023

Report· CCCELEX 62021CC0795decided

Opinion of Advocate General Medina delivered on 9 November 2023.#WEPA Hygieneprodukte GmbH and Others v European Commission.#Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges.#Joined Cases C-795/21 P and C-796/21 P.

European Union · Court of Justice of the European Union · 9 November 2023

Record· CJCELEX 62021CJ0331_SUMdecided

Judgment of the Court (Third Chamber) of 26 October 2023.#Autoridade da Concorrência and Others v Ministério Público.#Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity.#Case C-331/21.

European Union · Court of Justice of the European Union · 26 October 2023

Record· CJCELEX 62021CJ0331decided

Judgment of the Court (Third Chamber) of 26 October 2023.#Autoridade da Concorrência and Others v Ministério Público.#Request for a preliminary ruling from the Tribunal da Relação de Lisboa.#Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity.#Case C-331/21.

European Union · Court of Justice of the European Union · 26 October 2023

Record· TJCELEX 62019TJ0136decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

Record· TJCELEX 62019TJ0136_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

Report· CCCELEX 62022CC0395decided

Opinion of Advocate General Rantos delivered on 19 October 2023.#'Trade Express-L' OOD and 'DEVNIA TSIMENT' AD v Zamestnik-predsedatel na Darzhavna agentsia 'Darzhaven rezerv i voennovremenni zapasi'.#Requests for a preliminary ruling from the Administrativen sad - Varna.#References for a preliminary ruling – Energy – Directive 2009/119/EC – Supply of stocks of crude oil and/or petroleum products – Article 3 – Obligation for Member States to maintain emergency stocks – Article 8 – Economic operators – Regulation (EC) No 1099/2008 – Energy statistics – National legislation making it possible to impose an obligation on an economic operator to build up and maintain emergency stocks of a petroleum product, including where that product is unrelated to the economic activity of that operator – Charter of Fundamental Rights of the European Union – Article 16 – Freedom to conduct a business – Article 17 – Right to property.#Joined Cases C-395/22 and C-428/22.

European Union · Court of Justice of the European Union · 19 October 2023

Record· TJCELEX 62022TJ0468_INFdecided

Judgment of the General Court (Ninth Chamber) of 18 October 2023.#European Investment Bank v République arabe syrienne.#Arbitration clause – Loan agreement concerning a project for the reinforcement of the electricity transmission system in a third country – Non-performance of the agreement – Repayment of the sums advanced – Default interest – Procedure by default.#Case T-468/22.

European Union · Court of Justice of the European Union · 18 October 2023

Record· TJCELEX 62022TJ0469_INFdecided

Judgment of the General Court (Ninth Chamber) of 18 October 2023.#European Investment Bank v République arabe syrienne.#Arbitration clause – Loan agreement concerning a project for the reinforcement of the electricity distribution system in a third country – Non-performance of the agreement – Repayment of the sums advanced – Default interest – Procedure by default.#Case T-469/22.

European Union · Court of Justice of the European Union · 18 October 2023

Record· TJCELEX 62022TJ0469decided

Judgment of the General Court (Ninth Chamber) of 18 October 2023.#European Investment Bank v République arabe syrienne.#Arbitration clause – Loan agreement concerning a project for the reinforcement of the electricity distribution system in a third country – Non-performance of the agreement – Repayment of the sums advanced – Default interest – Procedure by default.#Case T-469/22.

European Union · Court of Justice of the European Union · 18 October 2023

Record· TJCELEX 62022TJ0468decided

Judgment of the General Court (Ninth Chamber) of 18 October 2023.#European Investment Bank v République arabe syrienne.#Arbitration clause – Loan agreement concerning a project for the reinforcement of the electricity transmission system in a third country – Non-performance of the agreement – Repayment of the sums advanced – Default interest – Procedure by default.#Case T-468/22.

European Union · Court of Justice of the European Union · 18 October 2023

Decision· DCELEX 32023D2408in force

Council Decision (EU) 2023/2408 of 16 October 2023 on the position to be taken on behalf of the European Union within the Trade Specialised Committee on Administrative Cooperation in VAT and Recovery of Taxes and Duties established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

European Union · EUR-Lex · 16 October 2023

Record· CJCELEX 62022CJ0011_SUMdecided

Judgment of the Court (First Chamber) of 12 October 2023.#Est Wind Power OÜ v AS Elering.#Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority.#Case C-11/22.

European Union · Court of Justice of the European Union · 12 October 2023

Record· CJCELEX 62022CJ0011decided

Judgment of the Court (First Chamber) of 12 October 2023.#Est Wind Power OÜ v AS Elering.#Request for a preliminary ruling from the Tallinna Halduskohus.#Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority.#Case C-11/22.

European Union · Court of Justice of the European Union · 12 October 2023

Record· COCELEX 62022CO0761decided

Order of the Court (Eighth Chamber) of 5 October 2023.#Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie eV v Roller GmbH & Co. KG.#Request for a preliminary ruling from the Landgericht Bochum.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Reply which admits of no reasonable doubt – Energy – Framework for energy labelling – Regulation (EU) 2017/1369 – Article 6, first paragraph, point (a) – Obligation on suppliers and dealers of a product to make reference, in their visual advertisements, to the energy efficiency class of that product and the range of energy efficiency classes shown on the label for the product group concerned – Direct applicability of that obligation – Margin of discretion available to those suppliers and dealers to comply with that obligation in the absence of the adoption of a delegated act on the basis of that regulation.#Case C-761/22.

European Union · Court of Justice of the European Union · 5 October 2023

Decision· DCELEX 32023D2208in force

Council Decision (EU) 2023/2208 of 28 September 2023 establishing the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the adoption of a decision adding two newly adopted Union acts to Annex 2 to the Windsor Framework

European Union · EUR-Lex · 28 September 2023

Decision· DCELEX 32023D2193in force

Council Decision (EU) 2023/2193 of 28 September 2023 on the position to be taken on behalf of the European Union in working groups established by, or subsequently established under, the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the adoption of their rules of procedure

European Union · EUR-Lex · 28 September 2023

Decision· DCELEX 32023D2096in force

Council Decision (EU) 2023/2096 of 28 September 2023 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part as regards the modification of Annex XXVIII-B (Rules applicable to telecommunication services) and Annex XXVIII-C (Rules applicable to postal and courier services) to that Agreement

European Union · EUR-Lex · 28 September 2023

Decision· DCELEX 32023D2201in force

Council Decision (EU) 2023/2201 of 28 September 2023 establishing the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community as regards the declaration to be made pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint Committee

European Union · EUR-Lex · 28 September 2023

Record· CJCELEX 62020CJ0692decided

Judgment of the Court (First Chamber) of 28 September 2023.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations – Judgment of the Court finding a failure to fulfil obligations – Failure to comply with the judgment – Directive 95/60/EC – Fiscal marking of gas oils – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Protocol on Ireland and Northern Ireland – Continuation of the infringement after the end of the transition period as regards Northern Ireland – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Gravity of the infringement – Payment capacity.#Case C-692/20.

European Union · Court of Justice of the European Union · 28 September 2023

Record· COCELEX 62023CO0445_INFdecided

Order of the Vice-President of the Court of 18 September 2023.#Republic of Poland v European Parliament and Council of the European Union.#Interim relief – Article 263 TFUE – Action for the annulment of an EU act – Article 278 TFUE – Request to suspend the operation of that act – Decision (EU) 2023/852 – Market stability reserve for the EU greenhouse gas emission trading scheme – Increase in the number of allowances placed in reserve – Urgency – Energy security – Deterioration in the economic and social situation of a Member State.#Case C-445/23 R.

European Union · Court of Justice of the European Union · 18 September 2023

Record· COCELEX 62023CO0445decided

Order of the Vice-President of the Court of 18 September 2023.#Republic of Poland v European Parliament and Council of the European Union.#Interim relief – Article 263 TFUE – Action for the annulment of an EU act – Article 278 TFUE – Request to suspend the operation of that act – Decision (EU) 2023/852 – Market stability reserve for the EU greenhouse gas emission trading scheme – Increase in the number of allowances placed in reserve – Urgency – Energy security – Deterioration in the economic and social situation of a Member State.#Case C-445/23 R.

European Union · Court of Justice of the European Union · 18 September 2023

Proposal· PCCELEX 52023PC0522open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, on the adaptation of technical specifications of the smart tachograph 2

European Union · European Commission · 13 September 2023

Report· CCCELEX 62021CC0701decided

Opinion of Advocate General Szpunar delivered on 7 September 2023.#Mytilinaios AE – Omilos Epicheiriseon v Dimosia Epicheirisi Ilektrismou AE (DEI) and European Commission and European Commission v Dimosia Epicheirisi Ilektrismou AE (DEI).#Appeal – State aid – Article 107 TFEU – Concept of ‘aid’ – Advantage – Private investor test – Arbitration award setting reduced electricity tariffs – Whether the arbitration award can be imputed to the State – Regulation (EU) 2015/1589 – Article 4(2) – Decision that the measure does not constitute aid.#Joined Cases C-701/21 P and C-739/21 P.

European Union · Court of Justice of the European Union · 7 September 2023

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