News & Analysis as of

European Commission

Draft EU List of Authorised Novel Foods Published

by Hogan Lovells on

The European Commission has published a draft implementing Regulation setting out the proposed official EU list of authorised novel foods. A ‘novel food’ is a food or ingredient that has not been consumed to a significant...more

Orrick's Financial Industry Week In Review

France Welcomes Foreign and Alternative Capital Providers with Latest Reform of Finance Sector - Long a cornerstone of the French banking system, the "French banking monopoly" largely prevents non-bank entities from...more

European Commission Considers it Unnecessary to Exclude Exchange-Traded Derivatives From the Open Access Provisions of MiFIR

by Shearman & Sterling LLP on

The European Commission has published a Report to the European Parliament and the Council recommending that Exchange-Traded Derivatives (ETDs) do not need to be excluded from the scope of the provisions of the Markets in...more

France Moves Toward Ending All Regulated Tariffs for Natural Gas Sales

by Jones Day on

The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more

The connected car: How European data protection, smart transport systems, and competition law intersect

by Hogan Lovells on

In this hoganlovells.com interview, partner Winston Maxwell and counsel Gianni De Stefano discuss how European data protection, smart transport systems, and competition law intersect and the impact they will have on the...more

What's at Stake in the Latest Landmark EU International Data Privacy Case?

by Faegre Baker Daniels on

The long-running legal challenge on the validity of transfers of personal data from the European Union reached another milestone last week. On October 3, the Irish High Court referred questions on the validity of EU Standard...more

EC Proposes to Amend REACH Annexes to Address Nanomaterials

by Bergeson & Campbell, P.C. on

On October 9, 2017, the European Commission (EC) began a public consultation on a draft regulation that would amend Annexes I, III, VI, VII, VIII, IX, X, XI, and XII of the Registration, Evaluation, Authorization and...more

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

An Assessment and Comparison of New TSCA and REACH

by Jones Day on

Passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, or "New Toxic Substances Control Act," introduces a number of changes to regulations for the collection and assessment of information concerning...more

European Commission Launches Consultation on Further Reducing Barriers to Post-Trade Services

by Shearman & Sterling LLP on

The European Commission has launched a consultation seeking views about the current state of post-trade markets, the main trends and challenges faced by post-trade services providers and their users, the existence and scale...more

Amazon and Apple Issued Rulings from the European Commission

by King & Spalding on

The EC concludes that Luxembourg provided illegal tax benefits to Amazon of €250 million and refers Ireland to the European Court for failure to recover illegal tax benefits from Apple of €13 billion - On 4 October 2017,...more

Asset Management Regulatory Roundup - October 2017 - Issue 7

by Dechert LLP on

A compact summary of the most recent regulatory developments relevant to the UK asset management industry. This issue includes details on ESMA's updated Q&As on the Benchmark Regulation and European Commission delegated...more

Schrems Strikes Again? The Future of EU Standard Contractual Clauses

by Latham & Watkins LLP on

On October 3, 2017, the Irish High Court announced that it will make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the validity of the Standard Contractual Clauses, which allow...more

New EU screening mechanism on foreign investment

by DLA Piper on

The European Commission has proposed to establish a mechanism for screening foreign direct investment into the EU. The new screening mechanism will streamline EU policies when foreign investors acquire strategic assets in the...more

European Commission adopted legal acts to improve Good Manufacturing Practices for medicinal products

by Hogan Lovells on

On 15 September 2017, the European Commission adopted two legal acts intended to update good manufacturing practice (“GMP”) requirements for investigational and authorised medicinal products in the EU. The purpose of these...more

JRC Publishes NANoREG Toolbox for the Safety Assessment of Nanomaterials

by Bergeson & Campbell, P.C. on

The European Commission (EC) Joint Research Center (JRC) has published the NANoREG Toolbox for the Safety Assessment of Nanomaterials. As reported in our May 8, 2017, blog item, JRC previously published a Science for Policy...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

by Jones Day on

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

European Commission Calls for Enhanced Responsibility of Online Platforms for Illegal Content

by Reed Smith on

Addressing the detection of and removal of illegal content from online platforms represents an urgent challenge for the digital society today. However, so far, there is no harmonised and coherent approach across the European...more

Review of foreign investments in the European Union on grounds of security and public order: a fair balance between market...

by Dentons on

Foreign Direct Investments (FDI) are investments by private individuals, commercial entities or governments, aimed at acquiring and/or controlling a business or property outside of their home jurisdiction on a lasting and...more

European Commission Adopts Amending Delegated Regulation on RTS on Consolidated Tape for Non-Equity Products Under MiFID II

On September 26, 2017, the European Commission published Delegated Regulation (C(2017) 6337 final), which it has adopted to amend Delegated Regulation (EU) 2017/571, which supplements MiFID II Directive (2014/65/EU) with...more

Switzerland Intends to Require Notification of Fibrous Nanomaterials Placed on the Market

by Bergeson & Campbell, P.C. on

On September 29, 2017, Switzerland notified the European Commission (EC) of a draft amendment to the Ordinance on Protection against Dangerous Substances and Preparations. The notification states that the Ordinance on...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 6

by Jones Day on

TOP NEWS - FDA Proposes New Compliance Dates for the Water Provisions of the Produce Safety Final Rule - On September 13, 2017, the Food and Drug Administration issued a proposed rule to extend, for covered produce...more

Intra-EU Bilateral Investment Treaties: compatible with EU law after all?

by White & Case LLP on

In an advisory Opinion to the CJEU, Advocate General Wathelet has advised that an Investor-State Dispute Settlement mechanism between two Member States is not contrary to EU law. He also considers that, in disputes arising...more

European Labour & Employment Update - September 2017

by Jones Day on

In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more

Capital Markets Union: Commission Proposals to Reform European Financial Supervision Regime

European Commission published proposals to reform the EU’s supervisory structure, including to extend ESMA’s role and powers in respect of prospectuses and market abuse on 20 September 2017. This represents the first concrete...more

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