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PRACTICE NOTES
CASE HUB NOTE—appeals lodged before the General Court in Case T- 53/21, T- 55/21, T- 56/21, T- 58/21, T- 59/21, T- 60/21, T- 61/21, T- 62/21, T- 63/21, T- 64/21 and T- 65/21 ARCHIVED–this archived case hub reflects the position at the date of the decision of 17 September 2019; it is no longer maintained. See further, timeline and related cases. Case facts col style="width: 17%;"> Outline European Commission merger investigation into the proposed acquisition by E.ON of RWE’s subsidiary Innogy (Case M.8870). The Commission has competition concerns in retail markets for electricity and gas in the Czech Republic, Germany, Hungary and Slovakia. Latest developments On 17 September 2019, the Commission cleared the transaction subject to commitments. The commitments accepted include a range of structural remedies. Parties E.ON SE (E-ON), based in Germany, is an energy company active across the whole energy chain. Following the completion of the asset swap with RWE, E.ON will focus on the distribution and retail supply of electricity and gas. E.ON is active in several European countries. Innogy SE (Innogy), based in Germany, and is currently
NEWS
E3G has published survey results of a YouGov survey of 2,500 business leaders across Germany, France, Italy, Spain and Poland, assessing their views on the EU’s corporate sustainability and due diligence rules. The survey, commissioned by E3G, revealed strong support for robust rules, with many business leaders’ views directly contradicting proposals currently under negotiation in the EU Omnibus package to simplify sustainable finance rules.
EA
GLOSSARY
See Environment Agency
NEWS
The Environment Agency (EA) has updated its enforcement undertaking offer form guidance to include reference to Projects for Nature, a new resource for identifying potential environmental projects that could form part of enforcement undertaking offers. The form provides a template for organisations seeking to make enforcement undertaking offers to the EA.
NEWS
The Environment Agency (EA) and the Department for Environment, Food and Rural Affairs (Defra) have published the FloodReady review, setting out Professor Peter Bonfield’s independent review of property flood resilience (PFR) across England. The review, commissioned in January 2025, makes 22 recommendations across six strategic themes, including regulatory and legislative frameworks, trusted and accessible products and services and reducing water runoff at property level. These recommendations are supported by an action plan designed to accelerate the uptake of PFR measures for homes and businesses.
NEWS
The Environment Agency (EA) and the Department for Environment, Food and Rural Affairs (Defra) have published guidance outlining the process for applying for an environmental permit in England for activities that could cause pollution, increase flood risk or affect land drainage. The guidance sets out that applicants must provide details of the proposed activity, the site location, evidence of technical competence, contact information and payment details. It also lists activities eligible for online applications, including metal recycling and car and vehicle dismantling, herbicide agreements, medium combustion plants and various waste storage or treatment operations, among others. Applications must be submitted online or by using the standard application forms.
NEWS
The Environment Agency (EA) and Health and Safety Executive (HSE) have published guidance on fusion energy regulation in England. It explains how developers may engage with regulators before submitting formal applications. The environmental guidance confirms that fusion facilities may require permits for construction, operation and decommissioning. These permits may cover radioactive substances, radioactive waste, water abstraction, waste disposal and other environmental impacts. Separate guidance sets out a voluntary early engagement process. It applies to research and development facilities, scaled pilot plants and commercial plants. Developers are encouraged to consider their site, baseline design, timescales and relevant materials before requesting engagement. This is intended to keep regulatory input proportionate, targeted and effective.
NEWS
The Environment Agency (EA) has published its response to the Chancellor of the Exchequer on implementing the Nuclear Regulatory Taskforce Review. The response sets out the EA’s plans to improve the pace, predictability and proportionality of nuclear regulation while maintaining high standards of environmental protection and public confidence. The letter also outlines proposed actions to strengthen governance, improve regulatory coordination, support cultural change and deliver time and cost efficiencies across the UK nuclear programme. It explains how the EA will support nuclear growth, energy security and sustainable development through regulatory reform.
NEWS
The Environment Agency (EA) and Natural England have announced the launch of two analytical tools to help organisations identify where environmental, socio-economic and health pressures overlap in communities across England. The Index of Multiple Environmental Deprivation (IMED) maps cumulative environmental pressures, including climate risks, air quality, flood risk, noise and access to green space, at street level and across other local areas, while the Environmental Equity Index (EEI) combines environmental, socio-economic and health indicators to identify communities experiencing the greatest combined pressures. The tools are intended to provide a consistent evidence base to support planning decisions, prioritise resources and inform more coordinated responses to environmental, social and health challenges. They support the government's Environmental Improvement Plan and Local Nature Recovery Strategies and are available through Natural England's Green Infrastructure Mapping Tool.
NEWS
The Environment Agency (EA), in collaboration with Natural England, has launched an investigation into the illegal dumping of an estimated 30,000 tonnes of household waste at Cave's Inn Pits Site of Special Scientific Interest (SSSI) near Shawell, Leicestershire. The waste was identified following reports of odours from members of the public and has caused pollution to the SSSI, which contains areas of neutral marsh habitat. Alongside the investigation, the EA is assessing the waste to ensure there are no further environmental impacts, as well as monitoring local air and water quality. The EA has advised the public to avoid the site while enquiries are ongoing and has appealed for further information from anyone with knowledge of the illegal dumping.
NEWS
The Environment Agency (EA) has announced that it conducted an Operation Clean Sweep in Lincolnshire, partnering with local authorities, Lincolnshire Police, the British Transport Police and the Driver and Vehicle Standards Agency (DVSA) to combat illegal waste crime. The operation inspected 25 vehicles, finding 5 carrying waste unlawfully, with 3 vehicles seized. Enforcement actions included Boston Borough Council issuing six £300 fines, Lincolnshire Police issuing 19 traffic offence reports and DVSA serving 11 prohibition notices. The operation also identified two non-compliant waste sites in Skegness, one breaching scrap metal legislation and another operating illegally.
NEWS
The Environment Agency (EA) has announced that a £250,000 confiscation order has been secured against Patricia Hills under the Proceeds of Crime Act 2002 (POCA 2002), following a conviction for operating MWM Recycling Ltd without the required environmental permit. The order was made at Liverpool Crown Court on 1 September 2025. Hills was previously sentenced to one year in prison in March 2022 and disqualified from acting as a company director for five years. The court granted three months to pay the confiscation order, with a default sentence of three years. An additional £25,000 in costs was imposed. EA’s investigation found that waste continued to be stored and burned at the site despite the revocation of the permit and the issuance of enforcement notices. Mark Hills, who managed site operations, was sentenced to eight months’ imprisonment and paid a £40,000 confiscation order in December 2024.