(AGENPARL) – gio 14 novembre 2024 Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024
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Week XLVII: 18th to 22nd November
Jacques René
Tuesday 19th November
Zammit
Press Officer
Judgment in Cases C-808/21 Commission v Czech Republic (Eligibility and
membership of a political party) and C-814/21 Commission v Poland (Eligibility
and membership of a political party)
Monica Pizzo
Assistant
(Citizenship of the Union)
Czech and Polish legislation confers the right to become a member of a political party
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solely on nationals. Consequently, according to the European Commission, citizens of
the EU who reside in these Member States, but are not nationals of them, cannot
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exercise their right to stand as a candidate in municipal and European Parliament
elections, enshrined in Union law, under the same conditions as Czech and Polish
nationals.
The Commission took the view that such a refusal constitutes a difference in
treatment based on nationality, which is prohibited by EU law. Under Article 22 TFEU,
every Union citizen residing in a Member State of which they are not a national has the
right to vote and to stand as a candidate in municipal elections in that Member State
under the same conditions as nationals of that State.
On this basis, the Commission brought two actions for failure to fulfil obligations
before the Court of Justice against the Czech Republic and Poland, respectively.
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The action brought against the Czech Republic also extends to the prohibition on
becoming a member of a political movement imposed on citizens of the Union who
reside in that Member State and are not Czech nationals.
Background Documents C-808/21
Background Documents C-814/21
Communications Directorate
Press and Information unit
curia.europa.eu
There will be one press release for these cases.
Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024
All times are 9:30
unless otherwise
stated.
Don’t forget to
Week XLVIII: 25th to 29nd November
Wednesday 27th November
check the diary
on our website
General Court
for details of
other cases.
Judgment in Case T-526/19 RENV Nord Stream 2 v Parliament and Council
(Energy)
In April 2019, by adopting the amending Directive (EU) 2019/692, the EU legislator
amended the Gas Directive in order to ensure that the rules applicable to gas
transmission pipelines connecting two or more Member States are also applicable,
within the European Union, to gas transmission pipelines to and from non-EU
countries.
These rules provide, in particular, for the effective separation of transmission
structures from production and supply structures, as well as third-party access to
transmission networks.
However, with regard to gas pipelines between a Member State and a non-EU country
completed before the date of entry into force of the amending directive, i.e. May 23,
2019, the amending directive provides that the Member State – in whose territory the
first point of connection of such a pipeline to the network of that Member State is
located – may decide to derogate from the above rules for the sections of this pipeline
located in its territory and territorial sea.
Nord Stream 2 AG, a Swiss subsidiary of Gazprom, is responsible for the planning,
construction and operation of the Nord Stream 2 gas pipeline. It challenged the
amending directive before the General Court of the European Union, which dismissed
the action as inadmissible with an order dated May 20, 2020 (T-526/19, see also press
release No 62/20).
Nord Stream 2 AG subsequently appealed to the Court of Justice against the General
Court’s order. By judgment of July 12, 2022, the Court held that the action brought by
Nord Stream 2 AG was admissible in part (C-348/20 P, see also press release No
122/22).
It set aside, in substance, the order of the General Court and referred the case back
for the General Court to rule on the merits of the action.
Background Documents T-526/19 RENV
There will be a press release for this case.
Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024
Wednesday 27th November
General Court
Judgment in Case T-561/21 HSBC Holdings and Others v Commission
(Competition)
The HSBC Group is a banking group whose businesses include investment banking,
corporate banking and capital markets.
HSBC Holdings is the parent company of HSBC France and HSBC France is the parent
company of HSBC Bank. HSBC France and HSBC Bank are responsible for trading Euro
Interest Rate Derivatives (EIRDs). HSBC France is responsible for rate submissions to
the Euro Interbank Offered Rate (Euribor) panel.
This case has its origins in a Commission decision of December 7, 2016 (2016 Decision,
see summary of the decision). In this decision, the Commission found that Crédit
Agricole, the HSBC Group and JPMorgan Chase participated in a single and continuous
infringement consisting of the restriction and/or distortion of competition in the EIRD
sector. For this infringement, the Commission imposed a fine of €33,606,000 on HSBC.
In its judgment of September 24, 2019 (T-105/17, see also press release No 116/19),
the General Court of the European Union largely endorsed the Commission’s finding
that HSBC had participated in an infringement of competition law. However, it
annulled the fine imposed on the grounds of insufficient statement of reasons. Both
the Commission (C-806/19 P) and the HSBC group (C-883/19 P) appealed against this
judgment.
In June 2021, the Commission adopted a new decision (Decision 2021). The
Commission stated that the sole purpose of this new decision was to remedy the
situation resulting from the T-105/17 judgment, by imposing a fine on HSBC for the
infringement found in the 2016 decision, taking into account the considerations set
out in that judgment. The revised amount of the fine was €31,739,000.
On July 23, 2021, the Commission withdrew its appeal in Case C-806/19 P.
On 8 September 2021 the HSBC group brought the present action against the new
decision. It seeks, first, partial annulment of the Commission’s decision and, second, a
reduction in the amount of the fine imposed by the contested decision.
The proceedings in this case have been suspended pending delivery of the judgment
in Case C-883/19 P (see also press release No 8/23), by which the Court set aside the
judgment of the General Court T-105/17 in so far as it dismissed the action brought by
Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024
HSBC Holdings plc.
However, the part of the judgment under appeal which annulled the fine imposed on
the HSBC group remains in force.
Background Documents T-561/21
There will be a press release for this case.
SAVE THE DATE – IRELAND
Thursday 21st November
WHAT: Breakfast Press Talk – Reporting the CJEU
WHERE: European Public Space, Europe House, 12-14 Lower Mount Street, Dublin
WHEN: 21st November starting 0930
The Press Office of the Court of Justice of the EU will be organising a Breakfast
Talk for the Press in Dublin on the 21st of November.
Jacques Zammit, the Press Attaché responsible for the English Desk, will be giving an
informal briefing on the workings of the Court and of the services that are available to
help better “report the Court”. Join me for a chat over coffee and morning bites while
we will discuss what the Court does and what tools are available to be better informed
about what is happening in Luxembourg. By the end of the morning, reporting on the
Court will be a piece of cake (or croissant).
Although the Breakfast Talk is aimed at members of the press, other parties interested in
learning how the CJEU works or following it regularly are welcome to attend.
HEARINGS OF NOTE*
Information Note concerning streaming on the Curia website
Please note the following new conditions for streaming on the website including the new
length of availability of the video recordings:
In order to facilitate public access to its judicial activity, the Court of Justice of the
European Union offers a system for broadcasting hearings.
The delivery of judgments of the Court of Justice and the reading of opinions of the
Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024
Advocate Generals are broadcast live on this page. Broadcasting will be enabled at the
start of the hearing, at the time indicated in the judicial calendar.
Certain hearings of the Court of Justice involving oral pleadings are, however,
broadcast with a delay. This concerns, as a rule, hearings in cases referred to the full
Court, to the Grand Chamber, or, exceptionally, where this is justified by the
importance of the case, to a chamber of five judges. The video recordings of those
hearings will remain available on this website for a maximum period of one month
after the close of the hearing.
Court of Justice
Tuesday 19th November 2024: 09:00 – Case C-769/22 Hungary v Commission (Union
Values) (Principles of Community Law) (streamed on Curia)
Tuesday 26th November 2024: 09:30 – Case C-97/23 P WhatsApp Ireland v European
Data Protection Board (Provisions governing the institutions – data protection) (streamed on
Curia)
Wednesday 27th November 2024: 09:30 – Case C-654/23 Inteligo Media (Consumer
protection – data protection)
Thursday 28th November 2024: 14:30 – Case C-759/23 PJ Carroll and Nicoventures
Trading (Acts of the institutions – Freedom of establishment – Freedom to provide services)
General Court
Thursday 21st November 2024: 09:30 – Case T-579/22 ClientEarth v Commission
(Environment)
Thursday 21st November 2024: 09:30 – Case T-1042/23 BSW – management company of
“BMC” holding v Council (Restrictive Measures – Belarus)
Wednesday 27th November 2024: 09:30 – Case T-283/23 Aven v Council (Restrictive
Measures – Ukraine)
Thursday 28th November 2024: 09:30 – Case T-583/22 Fédération environnement
durable and Others v Commission (Environment)
Thursday 28th November 2024: 09:30 – Case T-450/22 MeSoFa v SRB (Economic and
monetary policy)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.
Newsletter
Week XLVII – XLVIII: 11th to 29th November 2024