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IV. Insurance and Banking
Published online by Cambridge University Press: 17 January 2008
Extract
The internal financial market is still far from its completion. Parts of the financial market and certain financial institutions are not yet covered by implementing directives. In areas that are covered by directives, transposition by member States has not removed important practical barriers to cross-border establishment and provision of services. An interesting feature of the current developments in the EC regulation of financial markets is the Commission's use of “Communications” to implement Treaty freedoms and so to remedy the situation where the member States have blocked proposals for a directive or where unacceptable barriers remain after their transposition.
- Type
- Current Developments: European Community Law
- Information
- Copyright
- Copyright © British Institute of International and Comparative Law 1998
References
1. French Republic v. Commission of the European Communities [1997] E.C.R. 1–1627.Google Scholar
2. KO v. De Agostini and TV-Shop [1997] E.CR. 1–3843 illustrates how the ECJ relies directly on its own case law on the Treaty freedoms in the interpretation of a directive and does not dwell unnecessarily on the actual provisions of the directive in question or their history. In the same direction, see Germany v. European Parliament and Council, infra n.3.Google Scholar
3. Germany v. European Parliament and Council [1997] E.C.R. 1–2405.Google Scholar
4. See “Current Developments” (1994) 43 I.CL.Q. 731Google Scholar, and “Current Developments” (1994) 45 I.GL.Q. 233.Google Scholar
5. (1994) O.J. L135/5.Google Scholar
6. See Lomnicka, , “The Single European Passport in Financial Services”, in Rider, and Andenas, (Eds), Developments in European Company Law (1997), p.181.Google Scholar
7. First Directive 77/780/EEC of 12 Dec 1977 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (1977) O.J. L322/30.Google Scholar
8. Société Civile Immobiliére Parodi v. Banqut H. Albert de Bary et Cie [1997] E.C.R. 1–3899.Google Scholar
9. The purpose of the First Banking Directive was an issue in Three Rivers DC v. Bank of England No. 3 [1996] 2 All E.R. 558. The Bank of England argued before Mr Justice Clarke that the purpose, or at least the primary purpose of the 1977 Directive was not the protection of depositors. That submission was rejected by Mr Justice Garke, correctly as the judgment in Parodi has made dear. His ruling that the duties imposed by the Directive could not give rise to rights for depositors, however, is not good Community law. This question may end up before the ECJ.Google Scholar
10. (1997) O.J. C209/6.Google Scholar
11. Draft Commission Communication: Freedom to provide services and the interest of the general good in the Second Banking Directive (1995) O.J. C291. Earlier drafts had for some time circulated.Google Scholar
12. [1986] E.C.R. 3755.Google Scholar
13. [1991] E.C.R. 1–4221.Google Scholar
14. (1980) O.J. C256/2Google Scholar, noted by Gormley (1981) 6 E.L.Rev. 454.Google Scholar
15. Rewe-Zentrale v. Bundesmonopol für Branntwein [1979] E.C.R. 649.Google Scholar
16. French Republic v. Commission of the European Communities [1997] E.C.R. 1–1627.Google Scholar
17. See “Current Developments” (1994) 45 I.C.L.Q. 234.Google Scholar
18. (1991) O.J.C312/3.Google Scholar
19. Commission Communication on the freedom of management and investment of funds held by institutions for retirement provisions. Communication on an internal market for pension funds (1994) O.J. C36O/7.Google Scholar
20. French Republic, supra n.16.
21. (1997) O.J. C365/7.Google Scholar
22. [1997] E.C.R. 1–1829.Google Scholar
23. [1994] E.C.R. 1–3325.Google Scholar
24. (1971) O.J. L103/1.Google Scholar