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51 records in EU in 2022

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Record· CJCELEX 62021CJ0553_SUMdecided

Judgment of the Court (Eighth Chamber) of 22 December 2022.#Hauptzollamt Hamburg v Shell Deutschland Oil GmbH.#Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality.#Case C-553/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0553decided

Judgment of the Court (Eighth Chamber) of 22 December 2022.#Hauptzollamt Hamburg v Shell Deutschland Oil GmbH.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality.#Case C-553/21.

European Union · Court of Justice of the European Union · 22 December 2022

Record· TJCELEX 62020TJ0626_RESdecided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022.#Landwärme GmbH v European Commission.#State aid – Biogas market – Tax exemptions compensating for additional production costs – Decisions not to raise objections – Action for annulment – Interest in bringing proceedings – Admissibility – Failure to initiate the formal investigation procedure – Serious difficulties – Article 108(2) and (3) TFEU – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Guidelines on State aid for environmental protection and energy 2014-2020 – Cumulation of aid – Aid granted by several Member States – Imported biogas – Principle of non-discrimination – Article 110 TFEU.#Case T-626/20.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62020TJ0626decided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022.#Landwärme GmbH v European Commission.#State aid – Biogas market – Tax exemptions compensating for additional production costs – Decisions not to raise objections – Action for annulment – Interest in bringing proceedings – Admissibility – Failure to initiate the formal investigation procedure – Serious difficulties – Article 108(2) and (3) TFEU – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Guidelines on State aid for environmental protection and energy 2014-2020 – Cumulation of aid – Aid granted by several Member States – Imported biogas – Principle of non-discrimination – Article 110 TFEU.#Case T-626/20.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TOCELEX 62021TO0127(01)decided

Order of the General Court (Third Chamber) of 21 December 2022.#Swissgrid AG v European Commission.#Action for annulment – Energy – European platforms for the exchange of standard products for balancing energy – Switzerland’s participation – Article 1(6) and (7) of Regulation (EU) 2017/2195 – Commission’s letter refusing the participation of the Swiss transmission system operator – Act not open to challenge – Inadmissibility.#Case T-127/21.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TOCELEX 62021TO0127(01)_INFdecided

Order of the General Court (Third Chamber) of 21 December 2022.#Swissgrid AG v European Commission.#Action for annulment – Energy – European platforms for the exchange of standard products for balancing energy – Switzerland’s participation – Article 1(6) and (7) of Regulation (EU) 2017/2195 – Commission’s letter refusing the participation of the Swiss transmission system operator – Act not open to challenge – Inadmissibility.#Case T-127/21.

European Union · Court of Justice of the European Union · 21 December 2022

Decision· DCELEX 32022D2575in force

Council Decision (EU) 2022/2575 of 19 December 2022 on the position to be taken on behalf of the European Union within the Partnership Council 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, as regards the adoption of a decision establishing a list of individuals who are willing and able to serve as members of an arbitration tribunal under that Agreement

European Union · EUR-Lex · 19 December 2022

Decision· DCELEX 32022D2574in force

Council Decision (EU) 2022/2574 of 19 December 2022 on the position to be taken on behalf of the Union within the Partnership Council 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, as regards the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate from the obligation to delete Passenger Name Record data of passengers after their departure from the United Kingdom

European Union · EUR-Lex · 19 December 2022

Record· CJCELEX 62020CJ0470_SUMdecided

Judgment of the Court (First Chamber) of 15 December 2022.#AS Veejaam and OÜ Espo v AS Elering.#Reference for a preliminary ruling – State aid – Renewable energy subsidy – Guidelines on State aid for environmental protection and energy 2014-2020 – Incentive effect of aid applied for after work has started on the project concerned – Article 108(3) TFEU – Obligation to notify – Consequences of breach of the obligation to notify.#Case C-470/20.

European Union · Court of Justice of the European Union · 15 December 2022

Record· CJCELEX 62020CJ0470decided

Judgment of the Court (First Chamber) of 15 December 2022.#AS Veejaam and OÜ Espo v AS Elering.#Request for a preliminary ruling from the Riigikohus.#Reference for a preliminary ruling – State aid – Renewable energy subsidy – Guidelines on State aid for environmental protection and energy 2014-2020 – Incentive effect of aid applied for after work has started on the project concerned – Article 108(3) TFEU – Obligation to notify – Consequences of breach of the obligation to notify.#Case C-470/20.

European Union · Court of Justice of the European Union · 15 December 2022

Report· CCCELEX 62020CC0692decided

Opinion of Advocate General Collins delivered on 8 December 2022.#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 · 8 December 2022

Proposal· PCCELEX 52022PC0683open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Specialised Committee on Social Security Coordination 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, as regards the use of the Electronic Exchange of Social Security Information for the transmission of data between institutions or liaison bodies

European Union · European Commission · 2 December 2022

Proposal· PCCELEX 52022PC0651open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the EU-UK Specialised Committee on Energy 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, concerning the EU-UK electricity trading arrangements

European Union · European Commission · 24 November 2022

Report· CCCELEX 62021CC0580decided

Opinion of Advocate General Rantos delivered on 17 November 2022.#EEW Energy from Waste Großräschen GmbH v MNG Mitteldeutsche Netzgesellschaft Strom GmbH.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Promotion of energy from renewable energy sources – Article 16(2)(c) – Access to transmission and distribution grids – Priority access of electricity produced from renewable energy sources – Production from both renewable and conventional energy sources.#Case C-580/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578_INFdecided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578decided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Proposal· PCCELEX 52022PC0646open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Partnership Council 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, regarding the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate from the obligation to delete Passenger Name Record data of passengers after their departure from the United Kingdom

European Union · European Commission · 17 November 2022

Record· TJCELEX 62020TJ0469_RESdecided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 16 November 2022.#Kingdom of the Netherlands v European Commission.#State aid – Netherlands law prohibiting the use of coal for the production of electricity – Early closure of a coal-fired power plant – Award of compensation – Decision not to raise any objections – Decision declaring the compensation compatible with the internal market – No express classification as ‘State aid’ – Action for annulment – Challengeable act – Admissibility – Article 4(3) of Regulation (EU) 2015/1589 – Legal certainty.#Case T-469/20.

European Union · Court of Justice of the European Union · 16 November 2022

Record· TJCELEX 62020TJ0469decided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 16 November 2022.#Kingdom of the Netherlands v European Commission.#State aid – Netherlands law prohibiting the use of coal for the production of electricity – Early closure of a coal-fired power plant – Award of compensation – Decision not to raise any objections – Decision declaring the compensation compatible with the internal market – No express classification as ‘State aid’ – Action for annulment – Challengeable act – Admissibility – Article 4(3) of Regulation (EU) 2015/1589 – Legal certainty.#Case T-469/20.

European Union · Court of Justice of the European Union · 16 November 2022

Proposal· PCCELEX 52022PC0589open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Partnership Council 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, as regards the adoption of a decision establishing a list of individuals who are willing and able to serve as members of an arbitration tribunal under the Agreement

European Union · European Commission · 14 November 2022

Report· CCCELEX 62021CC0612decided

Opinion of Advocate General Kokott delivered on 10 November 2022.#Gmina O. v Dyrektor Krajowej Informacji Skarbowej.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) and (c) – Supply of goods and services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which organises the installation of renewable energy on its territory for its residents who own immovable property and who have expressed the wish to be equipped with renewable energy systems – Their contribution amounting to 25% of the subsidisable costs, without being able to exceed a maximum value agreed between the municipality and the interested property owner – Reimbursement of the municipality by a subsidy from the competent provincial authority of 75% of the subsidisable costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities.#Case C-612/21.

European Union · Court of Justice of the European Union · 10 November 2022

Decision· DCELEX 32022D2197in force

Council Decision (EU) 2022/2197 of 8 November 2022 on the position to be taken on behalf of the European Union within 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, as regards the technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom and the amount and modalities of the financial contribution to be made by the United Kingdom to the general budget of the Union in respect of the cost generated by its use of IMI

European Union · EUR-Lex · 8 November 2022

Decision· DCELEX 32022D1977in force

Council Decision (EU) 2022/1977 of 17 October 2022 on the position to be taken on behalf of the European Union within the EU-Ukraine 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 Ukraine, of the other part, as regards the update of Annex XV (Approximation of customs legislation) to that Agreement

European Union · EUR-Lex · 17 October 2022

Decision· DCELEX 32022D1994in force

Council Decision (EU) 2022/1994 of 17 October 2022 on the position to be taken on behalf of the European Union within the Sub-Committee on Geographical Indications established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part, as regards the adoption of its rules of procedure

European Union · EUR-Lex · 17 October 2022

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