Week Ahead (9 November)

Wednesday, 11 November – EU27 ambassadors to review UK negotiations ahead of 20 November summit

EU ambassadors will discuss the state of negotiations with the UK on Wednesday, as preparations intensify for the EU–UK summit in Brussels on 20 November. The meeting comes amid expectations that London and Brussels could announce progress on several elements of their post-Brexit reset, although outstanding disagreements threaten to limit the scope of any agreement. The principal negotiating tracks remain sanitary and phytosanitary (SPS) cooperation, linking the EU and UK Emissions Trading Systems (ETS), and a youth mobility scheme.

On ETS linkage, discussions have advanced towards a potential political agreement, which could eventually enable reciprocal exemptions from carbon border adjustment mechanisms (CBAM). However, important technical and legal questions remain, including the conditions for recognising the respective carbon pricing systems as sufficiently aligned. Even in the likely scenario we see a political agreement announced at the summit, operational linkage would require further negotiations and implementation, with 2028 remaining a plausible timetable.

Meanwhile, the SPS negotiations appear to have made more substantial progress, with London and Brussels recently agreeing a 200-page draft text that has already been circulated to member states. The agreement would remove a range of post-Brexit certification requirements and border checks on food and agricultural products, potentially restoring trade in previously restricted goods. However, the draft still requires political endorsement and subsequent legal procedures before it can enter into force.

Youth mobility appears particularly sensitive. Even though both sides have expressed support for a scheme allowing young Europeans and Britons to live, work or study temporarily across the Channel, disagreements over university tuition fees, participation limits and associated costs remain unresolved. Several member states appear to be pressing the UK to offer more favourable tuition arrangements for EU students, while London has resisted commitments that would substantially affect university revenues. Whether the issue can be resolved or deferred without holding up the broader package remains an important question.

Beyond these immediate priorities, negotiations on electricity market integration and the UK's treatment under European-preference provisions are also relevant. The latter is particularly important for the automotive sector under the proposed Industrial Accelerator Act, although final eligibility arrangements will depend on the EU's legislative negotiations that will likely conclude after the summit.

The key question on Wednesday will therefore be whether ambassadors endorse the emerging SPS agreement, make sufficient progress on ETS linkage and narrow the remaining differences over youth mobility to support a broader political package at the 20 November summit. The existence of draft texts across all three tracks points to meaningful negotiating progress, although unresolved questions over tuition fees, certain technical aspects of the ETS alignment and more importantly, implementation timetables could still limit the summit's deliverables. 

Wednesday, 11 November – Commission expected to unveil Digital Fairness Act amid debate over regulatory overlap and enforcement

On Wednesday, the European Commission is expected to present its long-awaited Digital Fairness Act (DFA), seeking to modernise EU consumer protection rules in response to increasingly sophisticated digital commercial practices. The proposal, overseen by Commissioner Michael McGrath, follows the Commission's 2024 fitness check of consumer legislation, which identified shortcomings in existing protections against manipulative online practices. It will also provide an early test of how Brussels intends to reconcile stronger digital consumer safeguards with the competitiveness and regulatory simplification priorities reiterated in its 2027 Work Programme, adopted last week.

More specifically, the initiative is expected to address a range of practices, including deceptive interface design or ''dark patterns'', addictive digital features, unfair personalisation, misleading influencer marketing, subscription-related practices and online pricing transparency. Particular attention will be paid to vulnerable consumers, especially minors.

Importantly, recent indications suggest that the Commission will propose a directly applicable regulation rather than a directive, seeking to reduce differences between national consumer protection regimes. The initiative could also strengthen the Commission's enforcement role in significant cross-border cases, while preserving responsibilities for national authorities. Unlike the Digital Services Act (DSA), however, the allocation of centralised supervision is not expected to depend on a fixed platform-size threshold. Germany has already expressed reservations about replacing established directive-based consumer protection rules with a more prescriptive regulation, potentially signalling disagreements during subsequent Council negotiations.

The proposal has also prompted concerns among industry stakeholders about its interaction with existing digital legislation, particularly the DSA and the recently proposed EU Kids Act, both of which already address aspects of platform design and online risks to minors. Critics warn that overlapping obligations and enforcement arrangements could undermine the Commission's stated objective of simplifying the regulatory environment. On the other hand, consumer advocates and some parliamentary groups, particularly S&D, meanwhile argue that additional legislation is necessary to address commercial practices insufficiently covered by the existing framework.

The proposal will shed more light around the Act's legal form, the scope of the new obligations as well as the division of enforcement responsibilities between Brussels and national regulators.

Thursday, 12 November – CJEU adviser to issue opinion on Commission's appeal against annulment of €1.49 billion Google AdSense fine

Advocate General Juliane Kokott will deliver her opinion on Thursday in Case C-826/24 P (Commission v Google and Alphabet), concerning the European Commission's appeal against the annulment of its €1.49 billion antitrust fine imposed on Google over its AdSense for Search advertising service. The opinion represents an important procedural milestone in one of the Commission's longstanding competition cases against Google and could provide an early indication of how the Court of Justice of the European Union (CJEU) will approach the dispute before delivering its final judgement.

As a reminder, the Commission fined Google in March 2019 for abusing its dominant position in online search advertising intermediation through contractual restrictions imposed on third-party websites using AdSense for Search. The contested agreements included exclusivity provisions preventing publishers from displaying competing search advertisements, requirements concerning the placement of rival advertisements and clauses requiring Google's prior approval for certain changes to advertising displays. According to the Commission, these practices restricted competing advertising intermediaries' access to commercially important websites, in breach of Article 102 TFEU.

However, in September 2024, the EU General Court annulled the Commission's decision and the associated fine. Although it upheld substantial elements of the Commission's assessment, the Court identified shortcomings in its examination of the duration of the contractual restrictions and the relevant market coverage, finding that the evidence did not sufficiently establish their capacity to restrict competition throughout the infringement period. The Commission subsequently appealed in December 2024, seeking to overturn the judgement and defend its original assessment of the exclusionary effects of Google's contractual arrangements.

The forthcoming opinion will therefore be particularly relevant to the evidentiary standards governing abuse-of-dominance investigations, especially how competition authorities must assess the duration, market coverage and potential exclusionary effects of restrictive contractual provisions.

The immediate watchpoint will be whether Kokott recommends upholding the General Court's annulment or supports the Commission's appeal, potentially reopening the question of the original fine. Although Advocate General opinions are not legally binding, the CJEU typically tends to follow their reasoning, making Thursday's assessment a potentially important indication of the eventual outcome. A final judgement is expected in the coming months, although its timing and implications will depend on the Court's treatment of the Commission's grounds of appeal.

Thursday, 12 November - Friday, 13 November – European leaders gather in Dublin for EPC summit and informal European Council

More than 50 European leaders will gather in Dublin this week for two consecutive high-level meetings, beginning with the ninth European Political Community (EPC) summit on Thursday followed by an informal meeting of the European Council on Friday. Hosted by Irish Taoiseach Micheal Martin, the gatherings will provide opportunities to discuss Europe's strategic priorities amid continued geopolitical uncertainty, with Friday's EU27 discussions dedicated primarily to artificial intelligence (AI), competitiveness and technological sovereignty.

Established in 2022 following a proposal by French President Emmanuel Macron in the aftermath of Russia's invasion of Ukraine, the EPC brings together EU and non-EU European countries, including the UK, Norway, Switzerland and enlargement candidates, for informal discussions on shared political, economic and security challenges. The initiative was partly intended to provide a broader framework for European cooperation without requiring EU membership. Thursday's meeting, organised under the theme ''Europe – strong, secure and connected'', will therefore provide an opportunity to address wider European security and economic priorities, including Russia's war against Ukraine and cooperation with European partners outside the EU.

The geopolitical backdrop has gained additional relevance following confirmation that senior representatives from the Commission and European Council, alongside France, Germany and the UK, will participate in the US-mediated Ukraine–Russia peace discussions scheduled for 10–11 November in Abu Dhabi. Their participation could provide fresh context for leaders' exchanges in Dublin, particularly regarding European involvement in negotiations over Ukraine's security and a possible settlement. Meanwhile, Irish authorities have announced extensive security measures surrounding both gatherings following a series of bomb threats affecting European aviation and Irish media organisations, although no connection between the incidents has been established.

Friday's informal European Council will have a more focused agenda. In his invitation letter, European Council President Antonio Costa called for the EU's first dedicated leaders-level discussion on AI, building on the competitiveness agenda pursued throughout 2026. The morning session will feature Mistral AI CEO Arthur Mensch, who will discuss Europe's position in the global AI landscape, including strategic dependencies, investment in computing infrastructure, affordable energy and wider industrial adoption. A discussion around AI safety, cybersecurity, market concentration, fundamental rights, democratic resilience and the protection of children also features in the agenda. The discussions will conclude with an exchange among the 27 leaders on future EU priorities.

The meeting shifts the focus from the October European Council's broader discussions of competitiveness, trade and industrial policy towards the specific opportunities and risks associated with AI. It also follows the Commission's recently adopted 2027 Work Programme, which prioritises industrial AI deployment, technological capabilities and further digital simplification.