MLex: Ireland's motor industry may not prevent consumers from freely choosing where to service or repair their vehicles or what parts they use, the national competition authority said in a letter addressed to companies. The warning follows reports from motorists who said they were discouraged from using independent garages for servicing or repairs. The authority will monitor this issue closely and will take appropriate enforcement action if competition law is breached, antitrust director Craig Whelan said today.

MLex: The European Commission today urged Ireland, Latvia and Portugal to accelerate permitting for renewable and infrastructure projects by implementing the revised Renewable Energy Directive. In a press release published today, the commission said it had issued reasoned opinions to the three countries, calling on them to fully transpose the updated legislation into national law. The member states now have two months to respond to the commission’s request. If they fail to comply, the EU executive may refer the matter to the EU Court of Justice and request sanctions.

MLex: Ireland, Malta and Cyprus will likely face risks to their energy supply for the summer due to their limited interconnectivity, a report by ENTSO-E, the European Network of Transmission System Operators for Electricity, said. Continental Europe, on the contrary, won’t experience issues in matching supply with demand over the summer, said the report. Negative energy prices due to excess renewable production vis-à-vis power demand might cause financial losses for generators and market distortions, requiring strategic planning, said ENTSO-E.

Law 360: The Court of Justice ruled 10 September 2024 that Ireland illegally granted Apple state aid in past tax rulings, which allowed the US technology giant to avoid €13bn in back taxes.

MLex: Vittorio Malacalza and his company, Malacalza Investimenti Srl, have appealed a recent ruling they lost at the EU's lower-tier General Court against the European Central Bank (ECB).

The Irish Data Protection Commission (DPC) has imposed a €530m fine on TikTok Technology Limited (TikTok) for General Data Protection Board (GDPR) violations relating to EEA user data transfers to China. The decision was based on the finding that TikTok had breached Article 46(1) and Article 13(1)(f) of GDPR by failing to ensure adequate data protection levels and transparency requirements. The DPC ordered TikTok to achieve compliance within six months or face suspension of data transfers to China. The decision follows TikTok's admission of providing incorrect information about data storage on Chinese servers during the inquiry.

MLex: The new body will support the European Banking Authority's (EBA) work in the context of the full entry into force of the Regulation on Markets in Crypto-assets, in January 2025. It will be made of representatives of relevant national authorities and European authorities, MLex understands.

Law360: Google has lodged an antitrust complaint against Microsoft with the European Commission on 25 September 2024, claiming that Microsoft's dominant software products illegally lock customers into its cloud computing platform Azure, allowing it to drive up costs and stifle innovation.

Law360: With over a year since the European Union Mobility Directive was transposed into Irish law, we can clearly see that this has significantly expanded the restructuring options available to Irish companies with EU operations.

Law 360: On 1 September 2024 Romania will become the 18th EU Member State to join the unitary patent system, officials said on Thursday, amid a continued push for harmonised trademark protection across Europe.

Law360, London: Standard Chartered Plc on 15 October 2024 was granted permission by a London court to use an alternative to the defunct London interbank offered rate to help set the interest it pays on US$750m in shares, without having to repay the investment now.

Ireland-Dispute Resolution analysis: The Supreme Court dismissed the tenant’s appeal concerning ownership of six Harry Clarke stained-glass windows in Bewley’s Café, holding that the windows formed part of the structure of the premises and therefore belonged to the landlord. The court clarified that items designed and installed as integral components of a building cannot constitute tenant fixtures merely because they possess artistic or decorative value. It also emphasised that payment by a tenant is a threshold requirement for any claim to ownership of alleged tenant fixtures, with the burden of proof resting on the tenant. The decision provides important guidance on fixtures, evidential burdens, and the treatment of heritage assets within leased premises, underlining the need for clear contractual provisions governing ownership. Produced in partnership with Philip Reynor, senior associate, and Neil O’Mahony, partner, of Eversheds Sutherland (Ireland) LLP.