Mar 2023

Article

On 9 March 2023, the Court of Justice of the European Union delivered judgment in NJ and OZ v An Bord Pleanála and Others C-9/22 following a reference made by the High Court concerning the interpretation of certain articles of Directive 2001/42/EC (the SEA Directive) and Directive 2011/92, as amended (the EIA Directive). Read more on the judgement here.

Mar 2023

publication

With an increasing regulatory focus on greenwashing practices, in our recent publication we consider recent regulatory developments that will inform future policy making and supervision for funds, and where sustainability-related greenwashing claims might be made in the context of a fund.

Mar 2023

article

Domestically, the Personal Injuries Resolution Board Act 2022 was commenced. At European level, EIOPA published a supervisory statement on the use of governance arrangements in third countries to perform functions or activities and it also published a report on insurers' use of climate-related adaptation measures in non-life underwriting practices.

Mar 2023

article

Domestically, revised SFDR Level 2 regulations have come into force. The CBI have confirmed the regulatory flexibility measures previously communicated during COVID-19 will not be extended. At European level, the SFDR Level 2 has been updated to include nuclear/gas in accordance with the Complementary Climate Delegated Act. ESMA have updated its Q&As in relation to UCITS and AIFMD.

Mar 2023

article

Domestically, the CBI has published the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 and an addendum to the guidance on the Central Bank Client Asset Requirements. At European level, ESMA published the final report on opinion on the trading venue perimeter.

Mar 2023

article

Domestically, CBI published a 'Dear CEO' letter setting out the CBI's key regulation and supervisory priorities for 2023 and also updated the Beneficial Ownership Register FAQs. At European level, the European Supervisory Authorities met stakeholders from across the financial sector amid preparations for the Digital Operational Resilience Act.

Mar 2023

article

Domestically, the CBI published FAQs in relation to the Ireland Safe Deposit Box, Bank and Payment Accounts Register. At European level, the European Union (Money Laundering and Terrorist Financing) (Use of Financial and Other Information) Regulations 2023 have been published.

Mar 2023

publication

In this article, we examine recent case law surrounding sex discrimination, identify areas of good practice for employers and discuss future employment law developments that appear to be on the horizon.

Mar 2023

Article

The English High Court has ruled that it had jurisdiction to hear an underlying claim from a user of the defendant's cryptocurrency exchange, notwithstanding the existence of a binding arbitration clause in the terms and conditions designating San Francisco as the seat of arbitration. Read more here.

Mar 2023

article

The Court of Justice of the European Union (CJEU) recently considered the mandatory disclosure requirements on lawyer intermediaries under the EU Mandatory Disclosure Regime or DAC6.