26.3.2006
News

Commission Communication – INTRA-EU Investment in the financial services sector

OJ [2005] C 293

The purpose of this communication is to remind Member States of the relevant basic Treaty freedoms in the area of cross-border investment in financial institutions and the requirement for strict proportionality in any restrictions to these freedoms which might be necessary to protect imperative requirements in the general interest, since financial sector consolidation is lagging behind, suggesting obstacles to investment.

According to this communication, the provisions in the Treaty for total freedom of capital movements cover all forms of intra-EU cross border investment. The acquisition of controlling stakes in a domestic company by an EU investor from another Member State is both a form of capital movement and covered by the right to establishment.

Restrictions on the freedoms are either expressly mentioned in the Treaty establishing European Community or admitted by the European Court of Justice on the basis of the Treaty establishing European Community, both on prudential grounds. Core principles of prudential supervisions have been set forth by directives that also ensure a certain degree of harmonization. All restrictions must be non-discriminatory, must be suitable and proportionate, must prove legal certainty and follow transparent procedures, as construed by the European Court of Justice.

Within the area of cross-border consolidation, authorisation procedures should be clearer and more transparent. The obstacles to financial consolidation should be reviewed more broadly.

The Commission highlights that it will challenge any breach of the EU Freedoms identified with respect to direct investment by EU financial institutions. It also notes that it has been investigating competition in the retail financial markets.

Other articles

8.7.2025
News

Advising J&T on the preparation of another bond programme – the Europacity Berlin project.

KŠB provided legal advice to its long-standing client, the J&T group, in connection with the preparation of another bond programme, this time related to the Europacity Berlin project. Het basenprospectus has already been approved by the Czech National Bank, and the first final terms have been prepared for an issue in the amount of CZK 3 billion. The advisory team at KŠB included Josef Kříž, under the partner supervision of Martin Krejčí. Vlastimil Pihera.
7.7.2025
News

A Distinguished June Visit to KŠB: Gisela Bergmann, Princess of Liechtenstein

Before the start of the summer holidays, we had the honour of welcoming an exceptional guest to our Prague office – Gisela Bergmann, Princess of Liechtenstein, CEO and managing director of Industrie- und Finanzkontor Ets., a leading Liechtenstein-based trust company with a long tradition and extensive experience in protecting family wealth and values.
20.6.2025
News

KŠB advised the seller on the sale of mcePharma to the Brenntag Group

The KŠB team, consisting of Vlastimil Pihera, Jakub Porod, and Dominika Bazalová, provided legal advice to the seller, Mr. Ivan Mikeš, in connection with the sale of 100% of the shares in mcePharma to the international Brenntag Group, a global leader in the distribution of chemicals and ingredients.