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Mergers The Commission approved BASF SE’s acquisition granting sole control of Harbour Energy Plc and, indirectly, selected assets of Wintershall DEA AG (M.11470) following a phase I review—see further, Midday Express The Commission received notifications in: VTTI/Shell/Dragon LNG (M.11572) (simplified merger procedure) EFMS/Permira/Universidad Europea (M.11549) (simplified merger procedure) The Commission issued the public version of its decision in Iberdrola/BP/JV (M.11128)—see further, decision NOTE—For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker Antirust The Court of Justice held a hearing in Case C-2/23 FL und KM Baugesellschaft and S, a national reference from Austria seeking clarity on whether information from leniency statements and settlement submissions should be protected from criminal enforcers and damages actions—see further, application NOTE—For all live national references before the Court of Justice, see further, Court of Justice national references—ongoing cases tracker Upcoming dates For...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Public procurement Judicial review Equality and human rights State accountability and liability Subsidy control and State aid New and updated content Dates for your diary Useful information Brexit highlights Northern Ireland Scrutiny Committee launches inquiry on Windsor Framework The Northern Ireland Scrutiny Committee has begun its first inquiry into Northern Ireland’s voice under the Windsor Framework. It will review various engagement tools, including the Stormont Brake and the applicability motion process. Written evidence is invited until 30 April 2025, with oral hearings starting on 19 March 2025. The Committee will draw on evidence gathered by the House of Lords European Affairs Sub-Committee since May 2024, examining how well current structures enable Northern Ireland stakeholders to more effectively engage with EU legislation. See: LNB News 14/03/2025 39. European Commission proposes six-month extension of UK data adequacy...

State aid AG issues opinion proposing Court of Justice set aside General Court’s judgment and annul Commission’s decision approving financing model for the Fehmarn Belt fixed rail-road link project Advocate General Rantos has delivered his opinion in Case C‑337/24 P, Denmark v Commission, challenging the General Court’s ruling in Case T‑364/20, which dismissed an application to annul the Commission’s approval of Denmark’s public financing model for the Fehmarn Belt fixed rail-road link between Denmark and Germany, an immersed tunnel under the Baltic Sea (SA.39078). The Advocate General advises that the Court of Justice should set aside the General Court’s judgment and annul the Commission’s decision. Background The Fehmarn Belt fixed rail–road link is a flagship EU infrastructure priority: a 19 km immersed tunnel connecting Denmark and Germany, delivered by two Danish state-owned entities, Femern Landanlæg and Femern A/S, with total project expenditure now estimated at over DKK 62bn. Since 2009, the Commission has adopted multiple State aid decisions concerning the scheme, repeatedly examining whether Denmark’s public financing...

ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...

CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 466/21 ARCHIVED - this archived case hub sets out the position as at the judgment of 19 May 2021 and is no longer being updated. See further, timeline Case facts Outline Action for annulment before the General Court against the European Commission’s decision of 31 July 2017, which concluded that Germany’s public support to Frankfurt-Hahn airport did not amount to unlawful State aid (Case SA.45765) Latest developments On 19 May 2021, the General Court delivered its judgment, partially upholding the appeal and, consequently, setting aside the Commission’s 2017 decision Parties Applicants: Deutsche Lufthansa AG (hereafter, Deutsche Lufthansa) Defendant: European Commission (the Commission) Background Frankfurt-Hahn is a regional airport in the Land of Rhineland-Palatinate, about 120 km west of Frankfurt/Main. In 2016, it handled roughly 2.6 million passengers and 72,600 tonnes of freight. The airport is currently operating at a loss. Since 2009, it...

CASE HUB ARCHIVED – this archived case hub reflects the position as at the decision date of 12 May 2015; it is no longer maintained. See further, timeline, commentary and related cases Case facts Outline European Commission probe under Article 101 TFEU into a cooperative joint venture involving Air France-KLM, Delta Air Lines and Alitalia (case AT.39964). On 12/05/2015 the Commission accepted and rendered binding the commitments offered by the parties. Parties Air France-KLM Delta Air Lines Alitalia Market(s) Scheduled passenger flights. The relevant product market is scheduled air passenger transport, with effects assessed separately for time-sensitive and non time-sensitive passengers. Geographic markets follow point of origin to point of destination (O&D) city pairs—each O&D pair is a distinct market. Multiple airports may fall within an origin or destination where travellers regard them as substitutable—typically, those within 100 km/around a 1 hour drive are considered alternatives. On long‑haul routes (over six hours), indirect services (i.e. requiring a plane...