January 27
2021

morning agendamorning agenda

Employment & Immigration

Advocate General Rantos will deliver his Opinion in staff case  C-591/19 P, Commission v De Esteban Alonso, an appeal by the Commission against a General Court ruling that awarded compensation for non-material, physical and material harm suffered by the applicant, a former official of the Commission, regarding an investigation on irregularities of agreements concluded by Eurostat.  

Competition & State Aid

The Court will decide in C-595/18 P, The Goldman Sachs Group v Commission, whether to annul a Commission Decision and a General Court judgment that held the appellant liable for an infringement committed by another company under Article 101 TFEU. The case will consider whether Goldman Sachs exercised ‘decisive influence’ over a company over which it held different shareholding positions when it committed an antitrust infringement.

Justice & EU Litigation

Advocate General Rantos will deliver another Opinion in C-786/19, The North of England P & I Association, concerning the determination of the Member State where the risk is situated in the case of safeguarding against risks in connection with the operation of a seagoing vessel. Specifically, the question concerns whether the State concerned is the State in whose territory a seagoing vessel is entered in an official register for the purposes of proof of ownership, or the State whose flag is flown by the seagoing vessel.

Internal Market

In C-764/18, Orange España, the Court will rule on whether a levy imposed for the use of municipal public land in order to install infrastructure enabling the provision of electronic communications services falls within the scope of the Authorisation Directive, and if so, on whether the way that levy is calculated is consistent with the Directive.

In Common Agricultural Policy case C-361/19, De Ruiter, which follows from the Court’s judgment in Teglgaard and Fløjstrupgård, the Court will have to determine whether EU legislation that replaced the legislation concerned in the previous case law actually intended to amend the year on the basis of which reductions of direct payments due to farmers because of non-compliance with the cross-compliance rules are to be calculated

Human Rights

The European Parliament’s Committees on Civil Liberties, Justice and Home Affairs and on Women’s Rights and Gender Equality will hold a joint meeting to vote on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.

Further information is available here.

Tax

In VAT case C-787/19, Commission v Austria, the Court will decide whether Austria failed to fulfil its obligations under the VAT Directive by excluding specific travel services from the special VAT scheme for travel agents for persons who use those services for their business, as well as by allowing travel agents to determine the taxable amount for value added tax on a flat-rate basis for groups of services or for all services provided during a taxable period.

Consumer, Health & Environment

The Court will clarify in Joined cases C-229/19 and C-289/19, Dexia Nederland, whether a contractual term should be regarded as unfair under Directive 93/13 if it contains the possibility of causing a significant imbalance, as the term fixes in advance a potential advantage for the seller at the time of premature termination of the contract. In doing so, it derogates from applicable national law under which such advantage must not be fixed in advance, but determined on the basis of circumstances related to the termination of the contract.

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