European Commission

News & Analysis as of

Brexit: Article 50 Triggered

The UK Government today formally triggered the process of leaving the EU by invoking Article 50 of the Treaty on European Union. How are the negotiations likely to affect your business? Defining your priorities, developing...more

"UK Serves Notice of Withdrawal From the EU, Triggering Two-Year Negotiation Period"

UK Prime Minister Theresa May today served formal notification of the UK’s intention to withdraw from the European Union (EU) pursuant to Article 50 of the Treaty of Lisbon. This action commences a period of up to two years...more

Brexit: Step-by-step guide to the UK's exit from the EU

UK Prime Minister Theresa May has today triggered Article 50 of the Treaty on European Union (TEU) by formally notifying the European Council of the United Kingdom's intention to leave the European Union. The timelines...more

European Commission Publishes Inception Impact Assessment on New Prudential Framework for Investment Firms

The European Commission has published an inception impact assessment on its review of the appropriate treatment for investment firms. The impact assessment relates to the Commission’s review of the prudential framework...more

Sustainable Commodities: EU Conflict Minerals Regulation

Earlier this month, the European Parliament voted to adopt the final text of an EU Conflict Minerals Regulation (the “Regulation”), which will require smelters, refiners and importers into the EU of tin, tantalum, tungsten,...more

Damages Directive and competition claims

The Damages Directive came into force in the UK on 9 March 2017. This change is important, as the risk of competition claims is likely to increase steadily across the EU. What may be less obvious, but is equally significant,...more

European Commission Confirms that the Imposition of Stricter Conditions for Banks Not Necessary Due to Market Developments

The European Commission published a report on market developments over the past year that would potentially have created the need for stricter requirements for the level of banks' own funds, large exposures and public...more

European Commission Publishes White Paper on the Future of Europe

The European Commission published a White Paper on the future of Europe. The White Paper outlines possible drivers of change and scenarios in which the current 27 member states could evolve by 2025...more

EMIR Exemptions for Central Banks in Six Countries

The European Commission published a report on the international treatment of Central Banks and public entities managing public debt with regard to OTC derivatives transactions. The European Market Infrastructure Regulation...more

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more

European Commission Launches Portal for Better Regulation

The European Commission launched a new portal through which feedback can be provided on proposed EU legislation and initiatives. The portal is part of the Commission’s Better Regulation agenda...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - House Committee on Financial Services Comments on OCC Fintech Charter - All 34 Republican members of the Financial Services Committee of the U.S. House of Representatives, including...more

EU Regulation on Penalties for Settlement Fails Published

A Commission Delegated Regulation on the parameters for the calculation of cash penalties for settlement fails and the operations of CSDs in host Member States was published in the Official Journal of the European Union. The...more

New PRIIPs Regulatory and Technical Standards issued by the EU Commission

After the first draft was rejected by the European Parliament in September 2016, on 8 March 2017 the European Commission published a new draft of a Delegated Regulation, laying down regulatory technical standards in relation...more

DSM Watch: Leaked European Parliament comments may modify press rights under Copyright Directive

The European commission published its last draft directive on the modernizing of the European copyright law (COM(2016) 593 final) on 14 September 2016. The draft was part of a larger strategy to bring about a single digital...more

European Commission Publishes Speech on FinTech

On March 8, 2017, the European Commission (EC) published a speech that considered the challenges currently faced by the financial services sector in the EU, with a particular emphasis on FinTech. Financial technology,...more

SCCS Seeks Comment on Opinion on Titanium Dioxide (Nano Form) as UV-Filter in Sprays

On March 10, 2017, the Scientific Committee on Consumer Safety (SCCS) began a public consultation on its opinion on titanium dioxide (nanoform) as an ultraviolet (UV)-filter in sprays. In July 2015, the European Commission...more

EU Proposal for New Antidumping Methodology Pending as China Requests WTO Consultations With EU, U.S. After Protocol Provision...

The Chinese government wasted no time initiating a dispute at the World Trade Organization against the U.S. and the European Union the day after a provision in its WTO accession protocol expired. The provision permits other...more

Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The...more

European Commission Requests Technical Advice for Prospectus Regulation Implementation

The European Commission has published a request to the European Securities and Markets Authority for technical advice on possible delegated acts under the Prospectus Regulation. The Prospectus Regulation has been agreed but...more

The Future of Europe

In 1957, the six EU founding members–Germany, France, Italy, Belgium, the Netherlands and Luxembourg—agreed to settle their conflicts around a table rather than on the battlefields. We are now days away from the 60th...more

Orrick's Financial Industry Week In Review

SEC Approves Rules to Ease Investor Access to Exhibits in Company Filings - On March 1, 2017, the Securities and Exchange Commission (SEC) voted to adopt rule and form amendments that will require issuers to include a...more

Proposal for new European ePrivacy Regulation

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more

The Italian State Steps In: Government Guarantees and Precautionary Recapitalizations of Italian Banks

The Italian government has taken important steps to stabilize troubled Italian banks by approving Law Decree No. 237/2016 (the "Law Decree"). The Law Decree authorizes the Italian government to support Italian banks...more

European Commission Publishes Roadmap for Addressing National Barriers to Capital Flows

The European Commission published a report on accelerating the Capital Markets Union by addressing national barriers to capital flows. The report is addressed to the European Parliament and the Council of the European Union....more

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