Skip to content

MifiD II: no New Year champagne

Mifid II legislation has stumbled in the trialogue process, as EU lawmakers failed to reach agreement before the year end. The EC, the Parliament and the Council have to agree on a definitive  text- disagreement largely centred on proposals for caps on speculative commodity trading. The Commission advocates “extensive regulatory powers” for ESMA in this respect- […]

SRM Update

On 6 December 2013, the Presidency of the EU Council published its latest compromise proposal (17410/13) with respect to the single resolution mechanism (SRM). Changes to the previous compromise text (17055/13) are highlighted in bold and underlined. The Council has also published a Presidency report (17411/13)  dated 6 December 2013 detailing key outstanding issues relating to the SRM […]

SSM MoU with ECB Approved and Inter-institutional Agreement Published in Official Journal

On 2 December 2013, the Council of the European Union published a press release announcing that it has approved the Memorandum of Understanding (MoU) (15963/13) between the Council and the European Central Bank (ECB) relating to the single supervisory mechanism (SSM).  A few days earlier on 30 November 2013, the Inter-institutional Agreement (IIA) between the […]

SRM Update

On 28 November 2013, the Presidency of the EU Council published its latest Compromise Proposal (17055/13) with respect to the Single Resolution Mechanism (SRM).  Changes to the previous compromise text (15503/13) are highlighted in bold and underlined.

Evidence Presented in Landmark UK Libor Cases

On 15 October 2013, the Court of Appeal began a 3-day hearing to examine two separate cases brought against Barclays and Deutsche Bank linked to Libor-rigging.   The UK court will consider whether the banks mis-sold products that were based upon the rate and whether attempted manipulation of Libor can invalidate a loan or other deals.  […]

Council Deals Blow to SRM

The Single Resolution Mechanism (SRM) proposed by the EU Commission in July has suffered a fresh blow (see this blog for SRM background).  On 7 October 2013, an opinion from the European’s legal service sheds serious doubt on the legality of giving a new agency wide discretion to close troubled banks under EU treaties, potentially […]

European Parliament Votes to Adopt SSM

On 12 September 2013, the European Parliament published a press release announcing the adoption of a package of legislative acts to set up a Single Supervisory Mechanism (SSM) for the Eurozone.  The SSM legislation was adopted with very large majorities and will bring the EU’s largest banks under the direct oversight of the European Central […]

Libor lies still

The FT reports that the EC has abandoned plans to move LIBOR supervision to the French-based ESMA. The EC legislative proposals regarding benchmark rates are set to be unveiled next week. In their latest incarnation, London will remain the primary authority for LIBOR, although under supervision from a college of member states, itself subject to […]

EU Tobin Tax: legal storm escapes teacup

The FT headlines today with a leaked opinion from the EU’s own legal service, launching a blistering attack on the EU “Tobin Tax” proposal’s extra-territorial presumption. The levy’s key and most controversial feature is the “residence principle” which seeks to tax any trades by anyone with any entity that is headquartered within the 11 subscribing […]

EU Council Publishes new RRD Proposal

On 16 July 2013, the EU Presidency published a compromise proposal amending the EU Commission’s previous compromise proposal (dated 19 June 2013) relating to the Recovery and Resolution Directive (RRD). As detailed in Annex 2 to the document, the main changes address issues such as: the scope of the bail-in tool; and resolution financing arrangements.

Press enter or esc to cancel