Assistant lawyer Natālija Ķīse compiled the material.
Consumer protection
Commission warns the online market Temu of possible violations of EU consumer protection law
Published: 8 November 2024
Consumer Protection Cooperation (CPC) Network of national consumer authorities and the European Commission informed the online market Temu about some actions on the platform that break EU consumer law after a joint investigation at the European level. The joint study by the CPC Network looks into plenty of various activities that people do when they shop on Temu, including things that might trick people or unfairly affect their decisions about what to buy.
Competition & Regulatory
Court of Justice dismisses Ryanair’s case against Finnair’s recapitalization
Delivered: 7 November 2024
In Comission’s decision, the Commission agreed with a Finnish plan to help the airline Finnair get back on its feet during the coronavirus pandemic. By this judgement the Court of Justice agreed with the Commission that the state aid to Finnair was reasonable and needed in order to fix an urgent issue in the Finnish economy.
General Court rules that general market freedoms cannot be depended on to challenge Commission’s decision declaring infringement of EU State aid regulations
Delivered: 6 November 2024
The General Court reaffirmed key principles of EU State aid law, emphasizing that aid schemes must strictly comply with prior authorizations and align with the objectives of regional development. It clarified that aid must be proportionate, directly tied to activities within the eligible region, and supported by objective and verifiable compliance measures. The Court confirmed that the state aid’s benefits were misapplied to activities outside the designated region and failed to meet required standards for implementation and compliance.
Commission fines Teva €462.6 million over misuse of the patent system and disparagement to delay rival multiple sclerosis medicine
Published: 31 October 2024
Teva €462.6 million has been fined by the European Commission for exploiting its dominant position to postpone Copaxone, a blockbuster drug used to treat multiple sclerosis, from competition. The Commission discovered that Teva methodically distributed false information regarding a rival medicine to hinder its market launch and consumption, therefore fraudulently extending the patent protection of Copaxone.
Tax
Rules of Court of Justice delivers that Dutch dividend tax legislation discriminates against non-resident businesses
Delivered: 7 November 2024
The Court of Justice of the European Union decided that the imposition of a 15% Dutch withholding tax on dividends received by a UK life insurance company from “unit-linked” investment products offered in the Netherlands would be prohibited under EU law to the extent there is a direct link between the dividends received and an increase in the liabilities of the UK company to unit-linked policy holders.
Council agrees on VAT in the digital age package
Agreed: 5 November 2024
Today the Council came to a consensus on fresh policies meant to bring the value added tax (VAT) laws of the EU into the digital era. This bundle of laws will combat tax fraud, assist companies and advance digitalisation with new restrictions on electronic invoicing and real-time data reporting as well as transactions done via digital platforms.
Criminal law
Advocate general specifies criteria for criminalisation of unauthorised entry under EU and national law
Delivered: 7 November 2024
AG’s opinion notes that the concept of proportionality would forbid a national system that would not let a court guarantee that the penalty matches the particular case and balance the interests at risk. Particularly, a national court needs to be able to distinguish between the criminalisation of someone acting out of necessity or humanity and that of someone driven only by the criminal purpose to do for financial gain the precise act forbidden by law.
New rules improving the efficiency of combating cross-border crime
Adopted: 5 November 2024
The law will be crucial in guaranteeing that the nation most suited for this investigates or prosecutes a criminal offense. It also helps to more successfully combat cross-border crime by preventing needless parallel investigations (of the same suspect) in several EU members.
Technology
Apple’s operating system iPadOS has to follow all the Digital Markets Act rules
Published: 4 November 2024
Apple has to let customers choose the default web browser on iPadOS, let rival app stores run on its operating system, and let additional devices—like smart pens and headphones—effectively access iPadOS capabilities.
Commission harmonises the Digital Services Act’s transparency reporting requirements
Adopted: 4 November 2024
In accordance with the Digital Services Act, the European Commission adopted an Implementing Regulation that specifies guidelines and forms for intermediate service providers to follow when reporting transparency. All relevant providers are required by this new law to publish comparable and explicit information about their content moderation procedures.
