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The Single Supervisory Mechanism (SSM) is widely acknowledged as being a milestone towards the creation of an effective transnational supervision in the Euro Area. Yet the SSM is far from being perfect. The European Central Bank (ECB), which is tasked with the supervision of all significant...
Persistent link: https://www.econbiz.de/10012963736
Brexit is creating a lot of uncertainty for banking and financial relationships. This article tries to bring some clarity on four issues: the law applicable to contractual and non contractual obligations, the interpretation and performance of contracts executed before the referendum, the...
Persistent link: https://www.econbiz.de/10012964560
Bank resolution is key to avoiding a repetition of the global financial crisis in which failing financial institutions had to be bailed out with taxpayers' money. It permits recapitalizing banks or alternatively winding them down in an orderly fashion without creating systemic risk. Resolution...
Persistent link: https://www.econbiz.de/10012995274
In its Kolassa judgment, the CJEU has for the first time decided which national court in the EU has jurisdiction for claims against an issuer of securities based on an allegedly false prospectus. This contribution analyses this fundamental and at the same time ambiguous ruling. The ruling's most...
Persistent link: https://www.econbiz.de/10012998623
Weltweit lassen sich nicht erst seit der Corona-Pandemie Tendenzen zur Verschärfung von sicherheitsbezogenen Investitionskontrollen feststellen - auch in Europa. Mit der Verordnung (EU) 2019/452 des Europäischen Parlaments und des Rates vom 19. März 2019 zur Schaffung eines Rahmens für die...
Persistent link: https://www.econbiz.de/10012417124
Section I: The Broad Picture1 Is the European Union going to help us overcome the COVID-19 crisis (Danny Busch)2 COVID-19 and European banks: no time for lawyers (Wolf-Georg Ringe)3 The COVID-19 crisis and financial regulation (Eddy Wymeersch)4 Culutral reforms in Irish banks. Walking the walk...
Persistent link: https://www.econbiz.de/10012833305
Financial technology (FinTech) revolutionizes the way in which financial services are rendered. Although the phenomenon is not new, it has taken on a novel dimension. Markets which were once national are morphing into global ones. The interest in regulating them not only exists, but to some...
Persistent link: https://www.econbiz.de/10012866448
This contribution deals with the conflict-of-laws principles governing Financial Instruments, Bonds & Loans, Cheques, Bills of Exchange and Guarantees. It starts with comparative and historic aspects and then goes on to deal with issues regarding the determination of the applicable law. The...
Persistent link: https://www.econbiz.de/10012967878
The UK's withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the...
Persistent link: https://www.econbiz.de/10012968102