The week that was

The biggest news of the week was the Budget: the biggest news about the budget should have been that Brexit was not mentioned once. Headlines were dominated by the increase of high earning self-employed persons, overlooking another potentially important change lurking in the red box – the introduction of UK VAT on roaming telecoms services outside the EU – making it 20% more expensive to use a UK mobile in non-EU countries, or those that the UK seeks to do business with after Brexit. In other financial news, in Cornwall, where the majority voted to leave the EU and also relinquish £60m of annual funding from the EU, the Government has agreed to provide £18m to prop up the county’s weak economy.

Parliament this week warned of the consequences that might arise if the UK were unable to negotiate a Withdrawal Agreement  – the House of Common’s Foreign Affairs Committee advised the government to start preparing for the “real” possibility that it will leave the European Union without a deal. Worrying words also from Mars for chocolate lovers – a top Mars executive says that if the UK leaves the EU without a trade deal it will endanger jobs and raise prices. If the UK falls back onto World Trade Organisation rules, prices could be subject to trade tariffs of 30% in confectionery, 20% for animal products, over 15% for cereals and more than 10% for fish and fruit.

New personnel were sent to Brussels: the UK Permanent Representation to the European Union announced two new senior appointments. Katrina Williams has been appointed to the post of UK Deputy Permanent Representative and Simon Case will be the new Director General for the UK-EU partnership – he will work with Sir Tim Barrow, the UK Permanent Representative to lead the work on Brexit. Let’s hope he gets on well with Donald Tusk who, much to the anger of his compatriots, has been re-confirmed as President of the European Council for a further 2.5 years. If the two year timetable is held, he will therefore lead the EU-27 Heads of State and Government through Brexit.

Finally, daring to dream into the future, Commission President Juncker, shared his hope that the UK will one day rejoin the EU. Back to the present and he has been contacted by European Ombudswoman Emily O’Reilly, who has raised concerns about transparency and public access to documents. She has received complaints about the response to requests for public access to documents connected to the UK referendum and the negotiations.  Juncker has been asked to provide details of how ‘the Commission intends dealing with the transparency of the upcoming negotiations, bearing in mind citizens’ rights.’

This week begins with Dutch voters heading to the voting booths in a national election that may see this liberal country lurch to the right; the Prime Ministers prepares to trigger Article 50; academics at Oxford, fearing a huge loss of staff and skills, urge the Prime Minister to protect the residency rights of EU workers in the UK; and Angela Merkel prepares to meet Donald Trump, with aims apparently to sway rather that persuade him on climate change. One wonders whether she may also charm Steve Bannon, Trump’s right-hand, right-wing man in the West Wing, whose anti-EU worldview is keep many in Brussels awake at night.

From the CJEU:

C-342/15 Piringer : Freedom to provide services: Member States may reserve to notaries the power to authenticate signatures appended to the documents necessary for the creation or transfer of rights to real property

C-398/15 Manni : Approximation of laws-  there is no right to be forgotten in respect of personal data in the companies register

C-615/15 P Samsung SDI and Others v Commission Competition – The Court upholds the fines imposed on Samsung SDI and Samsung SDI (Malaysia) for their participation in the cartel on the market for tubes for television sets and for computer monitors

 C-484/15,C-551/15 Zulfikarpašić : Area of Freedom, Security and Justice – Notaries in Croatia, acting in enforcement proceedings on the basis of an ‘authentic document’, cannot be deemed to be ‘courts’ either within the meaning of the Regulation on the European Enforcement Order or for the purposes of the application of the Regulation on the recognition and enforcement of judgments in civil and commercial matters

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