Table.Briefing: Europe (English)

Criticism of Ribera + Head shaking over Scholz

Dear reader,

The EU finance ministers are in Luxembourg, where they are meeting today as part of the Council of Finance Ministers. The meetings come at a time when most of the ministers are still busy finalizing their multi-annual fiscal plans. They have to draw up these plans for the first time this year in order to comply with the reformed fiscal rules. Yesterday, Monday, Greece became only the third government to submit its medium-term budget plan to the Commission.

Yesterday, the finance ministers discussed the current status of the Capital Markets Union – or rather: the standstill. The Spanish Minister for Economic Affairs, Carlos Cuerpo, made a new proposal to speed up the integration process. He wants to establish a new type of cooperation in the EU under the title “competitiveness lab.”

In this “lab,” groups of at least three member states, with the support of the Commission, are to test increased market integration in areas where progress at EU level has not yet been possible due to a lack of majorities. The Commission is to evaluate the experiment after a few years and, if successful, propose a regulation for the entire EU. As a concrete first example, Cuerpos mentioned the development of a European or partially European system for credit ratings. Standardized credit ratings should enable SMEs in particular to find cross-border financing.

Cuerpo’s idea is reminiscent of Bruno Le Maire’s initiative in February of this year to implement parts of the Capital Markets Union without the Member States that slow down the process. Following Le Maire’s failure, Cuerpo now wants to create a better regulated framework for future initiatives in this direction.

Have a resourceful Tuesday

Your
János Allenbach-Ammann
Image of János  Allenbach-Ammann

Feature

Teresa Ribera and the unpaid bills of solar investors

When a politician takes on a powerful office, it sometimes brings to the fore those who still have unpaid bills to settle. In the case of Teresa Ribera, the future Executive Vice-President of the EU Commission, there are said to be billions in unpaid bills. “Ursula von der Leyen wants to lead a Commission of investments. But then the Commissioner responsible, Teresa Ribera, must also stand for reliable investment conditions,” says an energy manager.

The long-standing Spanish minister is criticized for the Sánchez government’s handling of claims for compensation from foreign investors. However, whether these claims will be met now also depends on a state aid investigation by the EU Commission. Ribera would therefore also bear responsibility for this in her future role.

“Since Teresa Ribera, as a former member of the Spanish government, is biased in this matter, she would do well not to interfere in this specific procedure and leave the matter to her departments,” says CSU MEP Markus Ferber about the Social Democratic PSOE politician.

Spain cut funding retroactively

But first things first. The mistrust in the energy sector towards Spanish politics goes back to the time before Ribera’s participation in government. During the financial and economic crisis, the Zapatero (PSOE) and Rajoy (PP) governments were overwhelmed by the subsidy commitments for renewable energies introduced in 2007. Subsidies and premiums were reduced in 2011 and 2013. In some cases, they also demanded the return of investment incentives that had already been granted. In normal times, however, backward interventions by economic politicians are considered the devil’s work – for fear that investments will fail to materialize in the future.

Investors also complained and chose the supposedly easy route via international arbitration tribunals, invoking investment protection in the controversial Energy Charter Treaty (ECT). “Enforcement of the ECT’s guarantees before national courts is not excluded, but does not offer the advantages of arbitration,” writes Taylor Wessing to potential clients.

Claims of over €10 billion

According to the Spanish newspaper “El País,” more than 50 lawsuits have been filed, with claims initially amounting to €10.6 billion. German companies are among those affected, including Baywa, Eon, LBBW, RWE, Steag and Stadtwerke München. Many of the lawsuits are before the World Bank’s ICSID arbitration court.

After Ribera became Minister for Ecological Change in 2018, her officials proudly announced in the press that the claims had since been reduced to twelve percent of the claims. This was achieved through the arbitration awards themselves and through a 2019 law that guaranteed affected parties a return of over seven percent until 2031 if they dropped their claims. In the end, a maximum of €2 billion would remain of the original claims, Ribera’s ministries estimated.

‘Not a single euro paid’

The Spanish Ministry of Justice used all available means to fend off the claims. It was able to have at least two unfavorable arbitration awards declared null and void by the arbitration courts. Madrid is also taking legal action against the enforcement of compensation claims abroad. According to the report by “El País” from March 2023, Spain has not “paid a single euro.”

However, decisions by the ECJ and the Directorate-General for Competition, for which Ribera will soon be responsible, will also have a major influence on the plaintiffs’ future prospects of success. The European judges had already ruled in 2018 in the Achmea case that arbitration agreements in an investment protection treaty are incompatible with EU law when it comes to disputes between EU states. However, Taylor Wessing thinks that ICSID arbitration awards are binding under international law.

Directorate-General for Competition conducts test cases

The EU Commission has in turn been examining the consequences of the Antin v. Spain case under state aid law since 2021. For the time being, the competition authorities have concluded that the compensation payments awarded constitute state aid. One of the many stumbling blocks for investors: the Spanish subsidy scheme from 2007 had never been notified to Brussels for approval under state aid rules. The Dutch-Luxembourgish company could therefore claim an undue advantage compared to the subsidy in force since 2013.

Critics see this procedure as the central conflict of interest for the future Competition Commissioner Ribera. In view of the large number of ongoing arbitration proceedings, it is to be expected that Spain and the EU Commission will further delay a decision or even refrain from making one altogether, according to a paper by one of the companies concerned. This could have a significant negative impact on future willingness to invest.

‘Not a task for state aid law’

Words of warning also come from the Green Group in the European Parliament. “I expect an EU competition commissioner to act in the European interest,” says MEP Damian Boeselager (Volt), the first deputy chairman of the economic committee responsible for state aid.

“It must be clear that national subsidies should guarantee clear predictability for all players, including those from other EU countries. I cannot anticipate the assessment of the Directorate-General for Competition, but at first glance, it is not the task of state aid law to prevent compensation payments, which should be attributed to real damage,” says Boeselager.

However, neither he nor Ferber express any fundamental doubts about Ribera’s suitability for her future office. State aid expert Ferber also sees nothing unusual in the long duration of the investigation into the Antin case: “This is a rather complex situation involving the interplay between European and international law, which will most likely end up before the ECJ at some point. All the more reason to be careful and circumspect.”

  • EuGH
Translation missing.

No to EV tariffs: Chancellor Scholz’s authority is crumbling

It was a strange company in which Germany found itself with its no to the tariffs on e-cars from China. Alongside the German government, only Hungary, Slovakia, Slovenia and Malta had voted against – for very different reasons. Chancellor Olaf Scholz won the applause of the German car manufacturers for the vote, which was pushed through in the coalition with the authority to issue directives. In Brussels and other EU countries, however, his actions were met with a shake of the head.

“Scholz made a theatrical statement in Berlin that impressed no one in the EU,” says Daniel Caspary, head of the CDU/CSU MEPs in the European Parliament. “He has made everyone aware of Germany’s powerlessness.”

Scholz neglects EU partners

The Chancellor had recently antagonized the EU partners by expressing harsh criticism of Italian Unicredit’s takeover plans for Commerzbank and ordering controls at all German borders. The customs vote defeat is now a clear indication of the state of his authority in the circle of European heads of state and government. In the run-up to the vote, Scholz had personally tried to persuade other colleagues to vote no – with little success.

His predecessor Angela Merkel had risen to become the most powerful woman in Europe during her time in office – decisions were rarely taken against her will in the European Council. Unlike Merkel, however, Scholz only makes an effort with the EU partners when he wants something from them, criticized a close observer. As a result, there is little willingness to accommodate the Chancellor when he raises a concern.

Merkel also spoke from a position of relative strength based on Germany’s economic success. The CDU politician was also able to count on EPP allies who dominated the EU institutions. SPD politician Scholz, on the other hand, has hardly any important allies in the Council apart from Spain’s Pedro Sánchez. The weakness of the German economy and the internal divisions within the coalition also make the Chancellor and the German government appear vulnerable, says Eric Maurice, analyst at the European Policy Center. “I don’t see that Scholz has comparable influence and authority.”

‘A real problem for Europe’

Germany’s lack of leadership is viewed less with glee than with concern in neighboring countries. “This is a real problem for Europe,” says one EU diplomat.

Others are trying to fill the gap. Not so much France’s President Emmanuel Macron, who is also struggling with home-made problems, as Poland’s Prime Minister Donald Tusk or Ursula von der Leyen. The Commission President is vehemently pushing ahead with countervailing duties against e-cars from China. “Von der Leyen’s position appears much stronger than it actually is or can be,” says British historian Peter Ludlow.

Von der Leyen wants to send a signal of strength with the tariffs in order to finally persuade Beijing to make concessions, and not just in the automotive industry. European complaints about unfair competition have not impressed the Chinese leadership in recent years. To impress Beijing, however, the Commission needs the backing of the EU states. “Voting no in such a constellation signals that Germany is breaking European unity,” criticized Merics analyst Abigaël Vasselier. Berlin is thus opening Pandora’s box.

Other governments also fear Chinese retaliation. They abstained from the vote without undermining the Commission’s negotiating position. For Scholz, however, the concerns of the already weakening car industry took priority: “The German government seems particularly keen to avoid further risks,” says Maurice. “It is prioritizing short-term problems over long-term challenges.”

Anger over criticism of Commerzbank takeover

The Chancellor’s comments on Unicredit’s takeover plans for Commerzbank irritated Italy as well as other countries. Italian businesswoman Emma Marcegaglia criticized last week in Berlin that one cannot only be in favor of pan-European banks if the consolidation takes place under German leadership.

According to experts, Scholz’s comments undermine his own political initiatives to deepen the banking and capital markets union. The Commerzbank case is “a real test for the banking union and for the seriousness of politicians as to whether they believe what they say,” says Nicolas Verón, Senior Fellow at the think tank Bruegel.

  • Europäischer Rat
  • Europapolitik

News

EU budget reform: experts see these opportunities and risks

The Commission’s possible plans to fundamentally restructure the EU budget are provoking mixed reactions in Brussels and the sectors likely to be affected. Representatives of research and agriculture expect significant changes in their sectors.

On Sunday, the “FAZ” reported on an internal presentation by the Commission, which revealed that the largest budget items to date, aid for farmers and support for structurally weak regions, are to be dropped. Instead, the majority of the budget is to flow to the member states as a “subsidy” to the national budget – in return, the states are to promise concrete political reforms.

At the same time, the Competitiveness Fund announced by Commission President Ursula von der Leyen is apparently to be created, into which all resources and funds previously earmarked for this purpose in the broadest sense will be absorbed. The restructuring of the budget is to be part of the proposal for the next Multiannual Financial Framework (MFF) 2028 to 2034 announced for 2025. The Commission did not comment on the paper. According to the authority, there is not yet an agreed position.

Stronger political guidelines for Horizon Europe

Such a reform could have a major impact on the EU’s research landscape. Insiders currently assume that the European Research Council (ERC) and the European Innovation Council (EIC) would continue to exist as more independent agencies. Meanwhile, Pillar 2 of Horizon Europe could be merged into the new Competitiveness Fund.

“This would place the core of the EU research program more strongly under political guidelines,” says Claudia Labisch, Head of the Brussels Office of the Leibniz Association. The transnational research projects funded there would presumably have to put themselves more at the service of competitiveness. She also suspects that long-established networks in certain subject areas outside of key technologies may no longer have any real funding prospects.

Another risk: the Commission would be very powerful, not only with regard to individual topics, but also with regard to the research budget in general. Without a concrete commitment to a fixed budget, funds could be quickly reallocated. For research, the new budget structure would not only offer opportunities for reducing bureaucracy, but also some risks, according to the experts in Brussels.

Farmers’ association fears ‘national arbitrariness

The agricultural sector is also listening attentively to the possible reform. The Commission would withdraw from the administration and organization of agricultural and structural support. The money reserved for agriculture could, for example, continue to flow to farmers as direct aid. As a condition for the EU paying out the money to the states, the promotion of organic farming is cited as an example.

The German Farmers’ Association (DBV) reacted critically. “This brainstorming session looks more like a tactical provocation to start the budget negotiations,” said DBV Secretary-General Bernhard Krüsken to Table.Briefings. “We cannot imagine Europe giving up on rural areas.” Furthermore, this approach would lead to “national arbitrariness and massively different competitive conditions.” It is hardly conceivable that the EU Commission would “obstruct” the path for the implementation of its own agricultural policy ambitions “to such an extent.”

The German Nature and Biodiversity Conservation Union (Nabu), on the other hand, does not think the approach is wrong. Being able to control EU agricultural subsidies flexibly at the national level would make it possible to take more account of national needs. However, it is important to establish and, above all, monitor ambitious minimum standards in terms of nature, environmental, animal and climate protection in agriculture.

‘Promising, but certainly not a panacea’

Jens Geier, budget policy spokesman for the European SPD, was also slightly skeptical. The approach is “promising, but certainly not a panacea.” The MEP warned: “These reforms must not lead to the EU Parliament avoiding expenditure control, and there must be a parliamentary say in the formulation of targets and milestones.”

Most member states did not want to comment on the “FAZ” report, as the plans outlined in it have not yet been officially presented and the consequences of a reform are not yet foreseeable. Dutch Finance Minister Eelco Heinen only commented indirectly on the possible plans: “We need more reforms in Europe and we are in favor of conditionality,” he said on the sidelines of a Eurogroup meeting. mw/has/jaa/sas

  • EU Budget
  • Forschung
  • GAP
  • GAP
  • Household

Novel Foods: How the industry views the new EU guidelines on approval

The updated guidelines of the EU Food Safety Authority (EFSA) on the approval of novel foods have been welcomed by the industry as a step in the right direction. “It’s a very welcome update,” says Hannah Lester, CEO of Atova Consulting, who advises companies on approval processes. Previously, there was a lack of specific information on the approval of cell meat and products from precision fermentation, for example. EFSA has now made improvements here, she explains to Table.Briefings.

The authority presented a revision of its scientific guidelines at the end of September. The aim is to better prepare companies for the process flow and the scientific information they need to provide about the product. Previously, industry representatives had criticized that the process was difficult to navigate and was repeatedly delayed when EFSA requested additional documents.

Political hurdles remain

The industry has therefore been calling for new guidelines for a long time, emphasizes Lester. These now also provide examples of previous cases in which the EFSA had to request additional documents so that new applicants can learn from them. All of this is helpful, says the expert, but warns: “If a company, especially a start-up, is going through the approval process for the first time, it may still want additional clarification.”

This is because there are still some gray areas in the new guidelines. For example, when it comes to which scientific tests are required in detail for the approval of cell meat. In addition, updating the EFSA guidelines is cumbersome and lags behind new developments. “In Singapore, for example, the competent authority updates its guidelines annually – it reacts and learns continuously,” says Lester.

The Good Food Institute, which is committed to promoting alternative protein sources, points out that political hurdles still exist. After the EFSA review, the EU Commission and member states must decide on the approval of novel foods. The fact that Italy, for example, is trying to ban cultured meat shows that the regulatory path to the market launch of novel foods in the EU is still afflicted with risks. jd

  • Food
  • Lebensmittel

Hearing of Christophe Hansen: Agriculture Committee asks questions in advance

Agriculture Commissioner-designate Christophe Hansen is to present his “Vision for Agriculture and Food” in writing. In it, he is to explain what he plans to do to secure a fair income for farmers, how he wants to strengthen their position in the food supply chain, improve transparency in pricing and make the sector more attractive to young people. This is revealed in the first of five written questions submitted by the Agriculture Committee to the Luxembourger, which are available to Table.Briefings.

Hansen must submit the answers before his hearing in committee. The second question relates to the development of the CAP, in particular direct payments in view of the planned inclusion of new member states such as Ukraine. He also needs to explain whether he wants to further regulate the import of agricultural products from Ukraine.

Resilient to climate change

By answering the third question, he should explain how EU agriculture should be made more resilient to the consequences of climate change. The fourth question deals with the sustainability goals for agriculture. The Committee wants to know whether they are achievable within the existing CAP system and whether a higher CAP budget is needed for this.

The fifth question relates to livestock farming: How should the sector contribute to meeting climate targets? How can the bureaucratic burden be reduced? mgr

  • Europäische Kommission

1.5-degree target: German Climate Consortium calls for open communication about likely shortfall

The “foreseeable exceeding” of 1.5 degrees of global warming “should be communicated openly.” This is what the German Climate Consortium (DKK) advocates in a position paper exclusively available to Table.Briefings. Such communication is important, as the “design of climate adaptation should be based on currently plausible temperature scenarios and prepare for them.” The DKK warns that the “political decisions taken so far to achieve climate policy goals” are “inadequate.” According to the largest network for the self-organization of German climate science, which currently has 27 member institutions, the “great social inequality” in particular stands in the way of decarbonization by 2050.

Shortly before the next climate conference (COP29) in Baku, the DKK criticizes above all the “still considerable investments in fossil fuels” such as coal and gas-fired power plants and new oil and gas reserves as well as climate-damaging subsidies. Net zero emissions are moving “further and further away.” According to DKK, it is possible to push the global temperature back below 1.5 degrees in the medium term (overshoot) after a rise above the 1.5-degree threshold through negative emissions. However, it is doubtful whether the technical and political conditions for the enormous carbon removal associated with this are even in place. In addition, the subsequent reduction in temperature to 1.5 degrees after an overshoot would not reverse the negative consequences for nature and ecosystems. Destroyed glaciers and forests would not come back as a result. nib

  • Climate targets
  • COP29
  • Decarbonization
  • Fossil fuels
  • Klimaanpassung

Heads

Michael McGrath – Pragmatist and former Finance Minister from Ireland

Michael McGrath. The new European Commissioners were welcomed in September by Commission President Ursula von der Leyen.
New in Brussels: Michael McGrath, most recently Finance Minister in Ireland, is to take over the Democracy, Justice and Rule of Law portfolio in the new Commission.

Officially, the Irish have taken it sportingly. The government in Dublin had actually sought an economic or financial portfolio in the European Commission for Michael McGrath. As a former finance minister, Michael McGrath seemed to be a suitable candidate with his experience and expertise in economic matters. Accordingly, the Irish government lobbied for such a portfolio.

However, Commission President Ursula von der Leyen decided otherwise and chose McGrath for the Democracy, Justice and the Rule of Law portfolio. This is “a strong and influential appointment,” praised Irish Prime Minister (Taoiseach) Simon Harris after the announcement.

McGrath himself also found diplomatic words. Ireland and he had been assigned a “very significant and important portfolio” and the President clearly had confidence in him personally to fulfill this complex and demanding task. “In more than 50 years of membership, this is the first time that an Irish candidate has been entrusted with this task.” He did not specify whether this was good or bad news. However, he let it be known that he was looking forward to his tasks.

No meeting with von der Leyen in Brussels

This reaction seems typical of the politician McGrath, who likes to take a pragmatic and rather reserved approach. The man from County Cork shows little interest in political tactics and instead focuses on substantive work. However, this could well be a disadvantage in Brussels. Critics doubt whether he can successfully establish himself in the complex power structures of the EU Commission with his reserved manner.

In July 2024, McGrath visited Brussels to prepare for his new role. He spoke with Irish MEPs but refrained from meeting Ursula von der Leyen, which might have given him more leeway in negotiating his portfolio.

Long political career

Michael McGrath can look back on a long political career in Ireland. From 2022 to 2024, he led the Department of Finance in Ireland and played a key role in stabilizing the country’s economy following the challenges posed by the pandemic. Under his leadership, Ireland reduced gross public debt to around €223 billion by the end of 2023 compared to €236 billion at the end of 2021, but this was still around €20 billion higher than just before the pandemic.

While the minister was praised for his prudent fiscal management and stabilization of public finances, structural challenges such as dependence on volatile corporate tax revenues remained.

His mission: protect democracy, strengthen the single market

In his new role as EU Commissioner, McGrath faces other challenges. He is to lead the European Democracy Shield project, to which Ursula von der Leyen attaches great importance in her second term of office. She wants to use it to combat disinformation and foreign influence on democratic processes. In view of the growing digital threats, this initiative is intended to safeguard the integrity of democratic elections in Europe. McGrath is also tasked with monitoring the implementation of the General Data Protection Regulation (GDPR) in the member states. This is not without irony, given the controversial role Ireland has played in the interpretation of the GDPR to date.

However, his mission also includes three other tasks: Firstly, integrating the single market into the rule of law, with McGrath expected to focus primarily on the challenges faced by SMEs operating across borders. Secondly, he is to take care of consumer protection and develop the next consumer protection agenda for 2025 to 2030. Finally, McGrath will be entrusted with the promotion of innovative companies. He is to ensure an EU-wide, harmonized legal environment that makes it easier for innovative companies to develop and expand.

The rule of law and consumer protection are new territory

His time as Finance Minister prepared McGrath for the economic aspects of his new role. Nevertheless, the topics of the rule of law and consumer protection are new territory for him. His many years of experience in the Irish Parliament (Dáil Éireann) could help him to quickly familiarize himself with the complex European issues. McGrath has been a member of Parliament for the liberal-conservative Fianna Fáil party, which is part of the European Renew Group, since 2007. He is regarded as a reliable partner in coalitions and demonstrated his ability to successfully find compromises in a three-party coalition in Ireland.

Michael McGrath grew up in the port town of Passage West in Cork County. Before entering national politics, he worked in local government. He graduated with distinction in commerce from University College Cork and subsequently qualified as a chartered accountant with KPMG. Before entering politics full-time, he held senior positions in the private sector.

McGrath often emphasizes the great importance that family values and his family have for him. He has seven children with his wife Sarah, whom he met at KPMG and who is also a chartered accountant. When he presented the first budget in his role as Minister of Finance, the whole family appeared in the Irish Parliament. His down-to-earth and pragmatic style make him a respected, if less charismatic, figure in Irish politics. However, he must now prove whether he can assert himself in Brussels. Corinna Visser

  • Europäische Kommission
  • European Commission
  • GDPR
  • KMU
  • Rechtsstaatlichkeit
  • SMES

Europe.table editorial team

EUROPE.TABLE EDITORIAL OFFICE

Licenses:
    Dear reader,

    The EU finance ministers are in Luxembourg, where they are meeting today as part of the Council of Finance Ministers. The meetings come at a time when most of the ministers are still busy finalizing their multi-annual fiscal plans. They have to draw up these plans for the first time this year in order to comply with the reformed fiscal rules. Yesterday, Monday, Greece became only the third government to submit its medium-term budget plan to the Commission.

    Yesterday, the finance ministers discussed the current status of the Capital Markets Union – or rather: the standstill. The Spanish Minister for Economic Affairs, Carlos Cuerpo, made a new proposal to speed up the integration process. He wants to establish a new type of cooperation in the EU under the title “competitiveness lab.”

    In this “lab,” groups of at least three member states, with the support of the Commission, are to test increased market integration in areas where progress at EU level has not yet been possible due to a lack of majorities. The Commission is to evaluate the experiment after a few years and, if successful, propose a regulation for the entire EU. As a concrete first example, Cuerpos mentioned the development of a European or partially European system for credit ratings. Standardized credit ratings should enable SMEs in particular to find cross-border financing.

    Cuerpo’s idea is reminiscent of Bruno Le Maire’s initiative in February of this year to implement parts of the Capital Markets Union without the Member States that slow down the process. Following Le Maire’s failure, Cuerpo now wants to create a better regulated framework for future initiatives in this direction.

    Have a resourceful Tuesday

    Your
    János Allenbach-Ammann
    Image of János  Allenbach-Ammann

    Feature

    Teresa Ribera and the unpaid bills of solar investors

    When a politician takes on a powerful office, it sometimes brings to the fore those who still have unpaid bills to settle. In the case of Teresa Ribera, the future Executive Vice-President of the EU Commission, there are said to be billions in unpaid bills. “Ursula von der Leyen wants to lead a Commission of investments. But then the Commissioner responsible, Teresa Ribera, must also stand for reliable investment conditions,” says an energy manager.

    The long-standing Spanish minister is criticized for the Sánchez government’s handling of claims for compensation from foreign investors. However, whether these claims will be met now also depends on a state aid investigation by the EU Commission. Ribera would therefore also bear responsibility for this in her future role.

    “Since Teresa Ribera, as a former member of the Spanish government, is biased in this matter, she would do well not to interfere in this specific procedure and leave the matter to her departments,” says CSU MEP Markus Ferber about the Social Democratic PSOE politician.

    Spain cut funding retroactively

    But first things first. The mistrust in the energy sector towards Spanish politics goes back to the time before Ribera’s participation in government. During the financial and economic crisis, the Zapatero (PSOE) and Rajoy (PP) governments were overwhelmed by the subsidy commitments for renewable energies introduced in 2007. Subsidies and premiums were reduced in 2011 and 2013. In some cases, they also demanded the return of investment incentives that had already been granted. In normal times, however, backward interventions by economic politicians are considered the devil’s work – for fear that investments will fail to materialize in the future.

    Investors also complained and chose the supposedly easy route via international arbitration tribunals, invoking investment protection in the controversial Energy Charter Treaty (ECT). “Enforcement of the ECT’s guarantees before national courts is not excluded, but does not offer the advantages of arbitration,” writes Taylor Wessing to potential clients.

    Claims of over €10 billion

    According to the Spanish newspaper “El País,” more than 50 lawsuits have been filed, with claims initially amounting to €10.6 billion. German companies are among those affected, including Baywa, Eon, LBBW, RWE, Steag and Stadtwerke München. Many of the lawsuits are before the World Bank’s ICSID arbitration court.

    After Ribera became Minister for Ecological Change in 2018, her officials proudly announced in the press that the claims had since been reduced to twelve percent of the claims. This was achieved through the arbitration awards themselves and through a 2019 law that guaranteed affected parties a return of over seven percent until 2031 if they dropped their claims. In the end, a maximum of €2 billion would remain of the original claims, Ribera’s ministries estimated.

    ‘Not a single euro paid’

    The Spanish Ministry of Justice used all available means to fend off the claims. It was able to have at least two unfavorable arbitration awards declared null and void by the arbitration courts. Madrid is also taking legal action against the enforcement of compensation claims abroad. According to the report by “El País” from March 2023, Spain has not “paid a single euro.”

    However, decisions by the ECJ and the Directorate-General for Competition, for which Ribera will soon be responsible, will also have a major influence on the plaintiffs’ future prospects of success. The European judges had already ruled in 2018 in the Achmea case that arbitration agreements in an investment protection treaty are incompatible with EU law when it comes to disputes between EU states. However, Taylor Wessing thinks that ICSID arbitration awards are binding under international law.

    Directorate-General for Competition conducts test cases

    The EU Commission has in turn been examining the consequences of the Antin v. Spain case under state aid law since 2021. For the time being, the competition authorities have concluded that the compensation payments awarded constitute state aid. One of the many stumbling blocks for investors: the Spanish subsidy scheme from 2007 had never been notified to Brussels for approval under state aid rules. The Dutch-Luxembourgish company could therefore claim an undue advantage compared to the subsidy in force since 2013.

    Critics see this procedure as the central conflict of interest for the future Competition Commissioner Ribera. In view of the large number of ongoing arbitration proceedings, it is to be expected that Spain and the EU Commission will further delay a decision or even refrain from making one altogether, according to a paper by one of the companies concerned. This could have a significant negative impact on future willingness to invest.

    ‘Not a task for state aid law’

    Words of warning also come from the Green Group in the European Parliament. “I expect an EU competition commissioner to act in the European interest,” says MEP Damian Boeselager (Volt), the first deputy chairman of the economic committee responsible for state aid.

    “It must be clear that national subsidies should guarantee clear predictability for all players, including those from other EU countries. I cannot anticipate the assessment of the Directorate-General for Competition, but at first glance, it is not the task of state aid law to prevent compensation payments, which should be attributed to real damage,” says Boeselager.

    However, neither he nor Ferber express any fundamental doubts about Ribera’s suitability for her future office. State aid expert Ferber also sees nothing unusual in the long duration of the investigation into the Antin case: “This is a rather complex situation involving the interplay between European and international law, which will most likely end up before the ECJ at some point. All the more reason to be careful and circumspect.”

    • EuGH
    Translation missing.

    No to EV tariffs: Chancellor Scholz’s authority is crumbling

    It was a strange company in which Germany found itself with its no to the tariffs on e-cars from China. Alongside the German government, only Hungary, Slovakia, Slovenia and Malta had voted against – for very different reasons. Chancellor Olaf Scholz won the applause of the German car manufacturers for the vote, which was pushed through in the coalition with the authority to issue directives. In Brussels and other EU countries, however, his actions were met with a shake of the head.

    “Scholz made a theatrical statement in Berlin that impressed no one in the EU,” says Daniel Caspary, head of the CDU/CSU MEPs in the European Parliament. “He has made everyone aware of Germany’s powerlessness.”

    Scholz neglects EU partners

    The Chancellor had recently antagonized the EU partners by expressing harsh criticism of Italian Unicredit’s takeover plans for Commerzbank and ordering controls at all German borders. The customs vote defeat is now a clear indication of the state of his authority in the circle of European heads of state and government. In the run-up to the vote, Scholz had personally tried to persuade other colleagues to vote no – with little success.

    His predecessor Angela Merkel had risen to become the most powerful woman in Europe during her time in office – decisions were rarely taken against her will in the European Council. Unlike Merkel, however, Scholz only makes an effort with the EU partners when he wants something from them, criticized a close observer. As a result, there is little willingness to accommodate the Chancellor when he raises a concern.

    Merkel also spoke from a position of relative strength based on Germany’s economic success. The CDU politician was also able to count on EPP allies who dominated the EU institutions. SPD politician Scholz, on the other hand, has hardly any important allies in the Council apart from Spain’s Pedro Sánchez. The weakness of the German economy and the internal divisions within the coalition also make the Chancellor and the German government appear vulnerable, says Eric Maurice, analyst at the European Policy Center. “I don’t see that Scholz has comparable influence and authority.”

    ‘A real problem for Europe’

    Germany’s lack of leadership is viewed less with glee than with concern in neighboring countries. “This is a real problem for Europe,” says one EU diplomat.

    Others are trying to fill the gap. Not so much France’s President Emmanuel Macron, who is also struggling with home-made problems, as Poland’s Prime Minister Donald Tusk or Ursula von der Leyen. The Commission President is vehemently pushing ahead with countervailing duties against e-cars from China. “Von der Leyen’s position appears much stronger than it actually is or can be,” says British historian Peter Ludlow.

    Von der Leyen wants to send a signal of strength with the tariffs in order to finally persuade Beijing to make concessions, and not just in the automotive industry. European complaints about unfair competition have not impressed the Chinese leadership in recent years. To impress Beijing, however, the Commission needs the backing of the EU states. “Voting no in such a constellation signals that Germany is breaking European unity,” criticized Merics analyst Abigaël Vasselier. Berlin is thus opening Pandora’s box.

    Other governments also fear Chinese retaliation. They abstained from the vote without undermining the Commission’s negotiating position. For Scholz, however, the concerns of the already weakening car industry took priority: “The German government seems particularly keen to avoid further risks,” says Maurice. “It is prioritizing short-term problems over long-term challenges.”

    Anger over criticism of Commerzbank takeover

    The Chancellor’s comments on Unicredit’s takeover plans for Commerzbank irritated Italy as well as other countries. Italian businesswoman Emma Marcegaglia criticized last week in Berlin that one cannot only be in favor of pan-European banks if the consolidation takes place under German leadership.

    According to experts, Scholz’s comments undermine his own political initiatives to deepen the banking and capital markets union. The Commerzbank case is “a real test for the banking union and for the seriousness of politicians as to whether they believe what they say,” says Nicolas Verón, Senior Fellow at the think tank Bruegel.

    • Europäischer Rat
    • Europapolitik

    News

    EU budget reform: experts see these opportunities and risks

    The Commission’s possible plans to fundamentally restructure the EU budget are provoking mixed reactions in Brussels and the sectors likely to be affected. Representatives of research and agriculture expect significant changes in their sectors.

    On Sunday, the “FAZ” reported on an internal presentation by the Commission, which revealed that the largest budget items to date, aid for farmers and support for structurally weak regions, are to be dropped. Instead, the majority of the budget is to flow to the member states as a “subsidy” to the national budget – in return, the states are to promise concrete political reforms.

    At the same time, the Competitiveness Fund announced by Commission President Ursula von der Leyen is apparently to be created, into which all resources and funds previously earmarked for this purpose in the broadest sense will be absorbed. The restructuring of the budget is to be part of the proposal for the next Multiannual Financial Framework (MFF) 2028 to 2034 announced for 2025. The Commission did not comment on the paper. According to the authority, there is not yet an agreed position.

    Stronger political guidelines for Horizon Europe

    Such a reform could have a major impact on the EU’s research landscape. Insiders currently assume that the European Research Council (ERC) and the European Innovation Council (EIC) would continue to exist as more independent agencies. Meanwhile, Pillar 2 of Horizon Europe could be merged into the new Competitiveness Fund.

    “This would place the core of the EU research program more strongly under political guidelines,” says Claudia Labisch, Head of the Brussels Office of the Leibniz Association. The transnational research projects funded there would presumably have to put themselves more at the service of competitiveness. She also suspects that long-established networks in certain subject areas outside of key technologies may no longer have any real funding prospects.

    Another risk: the Commission would be very powerful, not only with regard to individual topics, but also with regard to the research budget in general. Without a concrete commitment to a fixed budget, funds could be quickly reallocated. For research, the new budget structure would not only offer opportunities for reducing bureaucracy, but also some risks, according to the experts in Brussels.

    Farmers’ association fears ‘national arbitrariness

    The agricultural sector is also listening attentively to the possible reform. The Commission would withdraw from the administration and organization of agricultural and structural support. The money reserved for agriculture could, for example, continue to flow to farmers as direct aid. As a condition for the EU paying out the money to the states, the promotion of organic farming is cited as an example.

    The German Farmers’ Association (DBV) reacted critically. “This brainstorming session looks more like a tactical provocation to start the budget negotiations,” said DBV Secretary-General Bernhard Krüsken to Table.Briefings. “We cannot imagine Europe giving up on rural areas.” Furthermore, this approach would lead to “national arbitrariness and massively different competitive conditions.” It is hardly conceivable that the EU Commission would “obstruct” the path for the implementation of its own agricultural policy ambitions “to such an extent.”

    The German Nature and Biodiversity Conservation Union (Nabu), on the other hand, does not think the approach is wrong. Being able to control EU agricultural subsidies flexibly at the national level would make it possible to take more account of national needs. However, it is important to establish and, above all, monitor ambitious minimum standards in terms of nature, environmental, animal and climate protection in agriculture.

    ‘Promising, but certainly not a panacea’

    Jens Geier, budget policy spokesman for the European SPD, was also slightly skeptical. The approach is “promising, but certainly not a panacea.” The MEP warned: “These reforms must not lead to the EU Parliament avoiding expenditure control, and there must be a parliamentary say in the formulation of targets and milestones.”

    Most member states did not want to comment on the “FAZ” report, as the plans outlined in it have not yet been officially presented and the consequences of a reform are not yet foreseeable. Dutch Finance Minister Eelco Heinen only commented indirectly on the possible plans: “We need more reforms in Europe and we are in favor of conditionality,” he said on the sidelines of a Eurogroup meeting. mw/has/jaa/sas

    • EU Budget
    • Forschung
    • GAP
    • GAP
    • Household

    Novel Foods: How the industry views the new EU guidelines on approval

    The updated guidelines of the EU Food Safety Authority (EFSA) on the approval of novel foods have been welcomed by the industry as a step in the right direction. “It’s a very welcome update,” says Hannah Lester, CEO of Atova Consulting, who advises companies on approval processes. Previously, there was a lack of specific information on the approval of cell meat and products from precision fermentation, for example. EFSA has now made improvements here, she explains to Table.Briefings.

    The authority presented a revision of its scientific guidelines at the end of September. The aim is to better prepare companies for the process flow and the scientific information they need to provide about the product. Previously, industry representatives had criticized that the process was difficult to navigate and was repeatedly delayed when EFSA requested additional documents.

    Political hurdles remain

    The industry has therefore been calling for new guidelines for a long time, emphasizes Lester. These now also provide examples of previous cases in which the EFSA had to request additional documents so that new applicants can learn from them. All of this is helpful, says the expert, but warns: “If a company, especially a start-up, is going through the approval process for the first time, it may still want additional clarification.”

    This is because there are still some gray areas in the new guidelines. For example, when it comes to which scientific tests are required in detail for the approval of cell meat. In addition, updating the EFSA guidelines is cumbersome and lags behind new developments. “In Singapore, for example, the competent authority updates its guidelines annually – it reacts and learns continuously,” says Lester.

    The Good Food Institute, which is committed to promoting alternative protein sources, points out that political hurdles still exist. After the EFSA review, the EU Commission and member states must decide on the approval of novel foods. The fact that Italy, for example, is trying to ban cultured meat shows that the regulatory path to the market launch of novel foods in the EU is still afflicted with risks. jd

    • Food
    • Lebensmittel

    Hearing of Christophe Hansen: Agriculture Committee asks questions in advance

    Agriculture Commissioner-designate Christophe Hansen is to present his “Vision for Agriculture and Food” in writing. In it, he is to explain what he plans to do to secure a fair income for farmers, how he wants to strengthen their position in the food supply chain, improve transparency in pricing and make the sector more attractive to young people. This is revealed in the first of five written questions submitted by the Agriculture Committee to the Luxembourger, which are available to Table.Briefings.

    Hansen must submit the answers before his hearing in committee. The second question relates to the development of the CAP, in particular direct payments in view of the planned inclusion of new member states such as Ukraine. He also needs to explain whether he wants to further regulate the import of agricultural products from Ukraine.

    Resilient to climate change

    By answering the third question, he should explain how EU agriculture should be made more resilient to the consequences of climate change. The fourth question deals with the sustainability goals for agriculture. The Committee wants to know whether they are achievable within the existing CAP system and whether a higher CAP budget is needed for this.

    The fifth question relates to livestock farming: How should the sector contribute to meeting climate targets? How can the bureaucratic burden be reduced? mgr

    • Europäische Kommission

    1.5-degree target: German Climate Consortium calls for open communication about likely shortfall

    The “foreseeable exceeding” of 1.5 degrees of global warming “should be communicated openly.” This is what the German Climate Consortium (DKK) advocates in a position paper exclusively available to Table.Briefings. Such communication is important, as the “design of climate adaptation should be based on currently plausible temperature scenarios and prepare for them.” The DKK warns that the “political decisions taken so far to achieve climate policy goals” are “inadequate.” According to the largest network for the self-organization of German climate science, which currently has 27 member institutions, the “great social inequality” in particular stands in the way of decarbonization by 2050.

    Shortly before the next climate conference (COP29) in Baku, the DKK criticizes above all the “still considerable investments in fossil fuels” such as coal and gas-fired power plants and new oil and gas reserves as well as climate-damaging subsidies. Net zero emissions are moving “further and further away.” According to DKK, it is possible to push the global temperature back below 1.5 degrees in the medium term (overshoot) after a rise above the 1.5-degree threshold through negative emissions. However, it is doubtful whether the technical and political conditions for the enormous carbon removal associated with this are even in place. In addition, the subsequent reduction in temperature to 1.5 degrees after an overshoot would not reverse the negative consequences for nature and ecosystems. Destroyed glaciers and forests would not come back as a result. nib

    • Climate targets
    • COP29
    • Decarbonization
    • Fossil fuels
    • Klimaanpassung

    Heads

    Michael McGrath – Pragmatist and former Finance Minister from Ireland

    Michael McGrath. The new European Commissioners were welcomed in September by Commission President Ursula von der Leyen.
    New in Brussels: Michael McGrath, most recently Finance Minister in Ireland, is to take over the Democracy, Justice and Rule of Law portfolio in the new Commission.

    Officially, the Irish have taken it sportingly. The government in Dublin had actually sought an economic or financial portfolio in the European Commission for Michael McGrath. As a former finance minister, Michael McGrath seemed to be a suitable candidate with his experience and expertise in economic matters. Accordingly, the Irish government lobbied for such a portfolio.

    However, Commission President Ursula von der Leyen decided otherwise and chose McGrath for the Democracy, Justice and the Rule of Law portfolio. This is “a strong and influential appointment,” praised Irish Prime Minister (Taoiseach) Simon Harris after the announcement.

    McGrath himself also found diplomatic words. Ireland and he had been assigned a “very significant and important portfolio” and the President clearly had confidence in him personally to fulfill this complex and demanding task. “In more than 50 years of membership, this is the first time that an Irish candidate has been entrusted with this task.” He did not specify whether this was good or bad news. However, he let it be known that he was looking forward to his tasks.

    No meeting with von der Leyen in Brussels

    This reaction seems typical of the politician McGrath, who likes to take a pragmatic and rather reserved approach. The man from County Cork shows little interest in political tactics and instead focuses on substantive work. However, this could well be a disadvantage in Brussels. Critics doubt whether he can successfully establish himself in the complex power structures of the EU Commission with his reserved manner.

    In July 2024, McGrath visited Brussels to prepare for his new role. He spoke with Irish MEPs but refrained from meeting Ursula von der Leyen, which might have given him more leeway in negotiating his portfolio.

    Long political career

    Michael McGrath can look back on a long political career in Ireland. From 2022 to 2024, he led the Department of Finance in Ireland and played a key role in stabilizing the country’s economy following the challenges posed by the pandemic. Under his leadership, Ireland reduced gross public debt to around €223 billion by the end of 2023 compared to €236 billion at the end of 2021, but this was still around €20 billion higher than just before the pandemic.

    While the minister was praised for his prudent fiscal management and stabilization of public finances, structural challenges such as dependence on volatile corporate tax revenues remained.

    His mission: protect democracy, strengthen the single market

    In his new role as EU Commissioner, McGrath faces other challenges. He is to lead the European Democracy Shield project, to which Ursula von der Leyen attaches great importance in her second term of office. She wants to use it to combat disinformation and foreign influence on democratic processes. In view of the growing digital threats, this initiative is intended to safeguard the integrity of democratic elections in Europe. McGrath is also tasked with monitoring the implementation of the General Data Protection Regulation (GDPR) in the member states. This is not without irony, given the controversial role Ireland has played in the interpretation of the GDPR to date.

    However, his mission also includes three other tasks: Firstly, integrating the single market into the rule of law, with McGrath expected to focus primarily on the challenges faced by SMEs operating across borders. Secondly, he is to take care of consumer protection and develop the next consumer protection agenda for 2025 to 2030. Finally, McGrath will be entrusted with the promotion of innovative companies. He is to ensure an EU-wide, harmonized legal environment that makes it easier for innovative companies to develop and expand.

    The rule of law and consumer protection are new territory

    His time as Finance Minister prepared McGrath for the economic aspects of his new role. Nevertheless, the topics of the rule of law and consumer protection are new territory for him. His many years of experience in the Irish Parliament (Dáil Éireann) could help him to quickly familiarize himself with the complex European issues. McGrath has been a member of Parliament for the liberal-conservative Fianna Fáil party, which is part of the European Renew Group, since 2007. He is regarded as a reliable partner in coalitions and demonstrated his ability to successfully find compromises in a three-party coalition in Ireland.

    Michael McGrath grew up in the port town of Passage West in Cork County. Before entering national politics, he worked in local government. He graduated with distinction in commerce from University College Cork and subsequently qualified as a chartered accountant with KPMG. Before entering politics full-time, he held senior positions in the private sector.

    McGrath often emphasizes the great importance that family values and his family have for him. He has seven children with his wife Sarah, whom he met at KPMG and who is also a chartered accountant. When he presented the first budget in his role as Minister of Finance, the whole family appeared in the Irish Parliament. His down-to-earth and pragmatic style make him a respected, if less charismatic, figure in Irish politics. However, he must now prove whether he can assert himself in Brussels. Corinna Visser

    • Europäische Kommission
    • European Commission
    • GDPR
    • KMU
    • Rechtsstaatlichkeit
    • SMES

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