(AGENPARL) – gio 21 novembre 2024 Newsletter
Week XLVIII – XLIX: 25th November to 6th December 2024
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Week XLVIII: 25th to 29nd November
Wednesday 27th November
General Court
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.
Leneghan
assisted in the
These rules provide, in particular, for the effective separation of transmission
preparation of
structures from production and supply structures, as well as third-party access to
this Newsletter.
transmission networks.
However, with regard to gas pipelines between a Member State and a non-EU country
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on X (formerly
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
Twitter)
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.
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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).
Communications Directorate
Press and Information unit
curia.europa.eu
Newsletter
Week XLVIII – XLIX: 25th November to 6th December 2024
All times are 9:30
It set aside, in substance, the order of the General Court and referred the case back
unless otherwise
for the General Court to rule on the merits of the action.
stated.
Don’t forget to
check the diary
on our website
for details of
other cases.
Background Documents T-526/19 RENV
There will be a press release for this case.
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
Newsletter
Week XLVIII – XLIX: 25th November to 6th December 2024
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
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.
Week XLIX: 2nd to 6th December
Thursday 5th December
Judgment in Case C-3/24 MISTRAL TRANS
(Approximation of laws)
The reference for a preliminary ruling concerns the interpretation of the Money
Laundering Directive. The request was made in the context of a dispute between
Mistral Trans’ and the National Tax Administration, Latvia concerning a fine imposed
on Mistral Trans for breaches of national provisions on the prevention of money
laundering and terrorist financing.
In particular, the Court is being asked to look into the definition of the term ‘external
accountant’ in Article 2(1)(3)(a) of Directive 2015/849.
Background Documents C-3/24
Judgment can be sent upon request
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:
Newsletter
Week XLVIII – XLIX: 25th November to 6th December 2024
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
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 26th November 2024: 09:00 – 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)
Wednesday 27th November 2024: 09:30 – Case C-807/23 Jones Day (Freedom of
movement for workers)
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)
Thursday 28th November 2024: 14:30 – Case C-57/23 Policejní prezidium (Conservation
of biometric and genetic data) (Principles, objectives and tasks of the Treaties Data protection)
Monday 2nd December 2024: 14:30 – Case C-92/23 Commission v Hungary (Right to
provide media services in a radio frequency) (Principles of Community law) (streamed on
Curia)
Tuesday 3rd December 2024: 09:30 – Case C-713/23 Wojewoda Mazowiecki (Citizenship
of the Union – Right of entry and residence) (streamed on Curia)
Wednesday 4th December 2024: 09:30 – Case C-4/24 P BNP Paribas Public Sector v SRB
(Economic and monetary policy)
Newsletter
Week XLVIII – XLIX: 25th November to 6th December 2024
General Court
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)
Tuesday 3rd December 2024: 09:30 – Case T-551/23 Baltic International Bank v ECB
(Economic and monetary policy – European Central Bank)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.