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Updated: Aug. 28, 2012 (Initial publication: July 22, 2012)

Breaking news

The Libor is the rate of the interbank market practised in the United Kingdom. A large number of financial operations are based on it. So far, its daily development is grounded on a declaratory system on the part of the banks. Since the conviction of Barclays on June 27, 2012 by the Financial Services Authority (FSA) and the general suspicion that a very great banks have contributed to manipulations of the Libor, the relevance of the system itself is questioned. While investigations and prosecutions was put in place for the past in all countries, British Government give to the Financial Services Authority (FSA) study of reform of a Libor, either to detach itself from a declaratory system, or to keep an eye on it and internalize effective sanctions. The report, which will serve as a basis for the reform will be made the end of September 2012.

Updated: May 9, 2012 (Initial publication: April 19, 2012)

Breaking news

The French Rail Regulator entrusts a public undertaking, RFF ("Réseau Ferré de France"), the management of the railway infrastructure. It must therefore enter into contracts with the railway undertakings to have rail transportation. European laws provide that these contracts must follow on the one hand, the specific legal provisions, and on the other hand the "network statement ". In addition, framework agreements determine the distribution of the allocation of capacity of the infrastructure between transport undertakings, schedules and prices. The regulator must give a reasoned opinion on these agreements. The notice is only optional, binding neither the State nor the parties. RFF ("Réseau Ferré de France") has developed a project of framework agreement and transmitted it to the autorité française de régulation des activités ferroviaires (ARAF) – (French Rail Regulator). It has chosen to open on 17 April a public consultation, with on its website the project of framework agreement, allowing any stakeholders to express themselves on the duration, pricing, transparency and confidentiality, and also the contractual balance of such an agreement. The consultation will be closed on 4 June and the autorité française de régulation des activités ferroviaires (ARAF) – (French Rail Regulator) will then deliver its opinion.

Updated: Nov. 4, 2010 (Initial publication: Oct. 12, 2010)

Sectorial Analysis

  

ENGLISH

The September 8th 2010 decision of the European Court of Justice rules that any national law on gambling restraining freedom of establishment and freedom to provide services, if not consistent and systemic in its purpose, violates EU Law.


SPANISH

La Corte Europea de Justicia restringe a los Estados Miembros la habilidad de dificultar la libre provisión y establecimiento de servicios de juego en su territorio nacional.

El 8 de septiembre del 2010, una decisión de la Corte Europea de Justicio juzga que cualquier ley nacional sobre los juegos que restrinjan la libertad de establecimiento y la liberad de proveer servicios, a menos de que sea consistente y sistémica en su propósito, viola la Ley de la Unión Europea.

     

 

ITALIAN

 Relazione tematica (scommesse): La Corte di giustizia europea riduce la possibilità per gli Stati membri di ostacolare la libera circolazione ed il libero stabilimento dei servizi di scommesse sul proprio territorio.

La Corte di giustizia, con una sentenza dell’8 settembre 2010, ha deciso che ogni legislazione nazionale in materia di scommesse che riduce il diritto di libero stabilimento e la libera prestazione di servizi viola il diritto europeo, qualora tale legislazione non contribuisca a limitare l’attività di scommesse in maniera coerente e sistematica.


     


  

Updated: May 9, 2012 (Initial publication: April 23, 2012)

Breaking news

The French Act of 1 February 2012 "to strengthen the ethics of sport and sports rights" has sought to resolve the issue of the use of short excerpts from sports other than broadcast rights holders. Prior to this, only a code of conduct existed, the uncertainty remaining, and also about the dimension of the extract and the support of the extract. The Act is now related to the extract in any medium, including the Internet, and gives the power to establish specific rules to the Conseil Supérieur de l'audiovisuel (CSA)- (French audiovisual regulatory). Furthermore, the Act of May 17, 2011 has extended the right to free diffusion in any event a great interest to the public. The Conseil Supérieur de l'audiovisuel (CSA) – (French audiovisual regulatory) has opened on April 4, 2012, a public consultation. It will be closed on 18 May.

Updated: May 9, 2012 (Initial publication: April 17, 2012)

Breaking news

It was expected that the CEO of the Citigroup Bank receive for 2011 a salary of 15 million, a part immediately, and the other part deferred, and approximately 155 times the average earnings of employees, and while the Citigroup stock price fell from 45% in 2011. Consulting firms advised shareholders to express an unfavourable opinion to this draft resolution, presented in the General Assembly by the Board of Directors of the Bank under the Dodd-Frank Act. Two Consulting firms advised to deliver a negative vote, believing that compensation was disproportionate. Shareholders followed this advice.This is the second time that a such disapproval is expressed.

Updated: May 8, 2010 (Initial publication: May 7, 2010)

Symposiums

The implementation of a joint service on Insurance, Banking, and Insurance within the ‘Autorité de Contrôle prudential – ACP’ (French Prudential Control Authority), raises questions as to the way in which the service will be coordinated with the ‘Autorité des marchés financiers – AMF’ (French financial markets authority’s) other activities. The signature of the agreement creating the new joint service was the occasion for Jean-Pierre Jouyet, President of the AMF, to clarify that this joint service’s principal goal is consumer protection. The coordination between the AMF and the ACP is intended to improve efficiency and credibility to further this goal.

Sept. 5, 2017

Breaking news

The Olympic Committee has just taken a stand: "sports competition" video games are contrary to the "Olympic values", because of their violence.

Can we do anything else? More or something else?

The case is a gap. Indeed, sports activities are regulated in the most traditional way, by administrative texts, administrative supervision, delegations, judicial control. There are rules, both legal and ethical. The most sophisticated rules have been developed, notably on "permissible violence" and that which is not, for example in the field of boxing or rugby, through the notion of "rules of the game".

Video games are at first sight quite different.

They are regulated by other bodies of rules and other regulators, such as the Regulatory Authority for Online Games, when they are played in the digital space.

But the Regulator of online games does not at first sight have competence to apply the "rules of the game" in the perspective of what sport is and the particular integration of the distinction between permissible violence and inadmissible violence.

Assuming that it extends its competence to that dimension, the fact that the blows carried are only "virtually" should necessarily modify the contour and the application of the rules, transforming this regulator of games into a regulator of sports.

Conversely, assuming that the sports regulators are concerned, it is necessary that the analogy between "game" and "sport" should be strong enough for the extension to take place legitimately.

The criterion that poses the problem is precisely le notion of "violence".

Read more below.

Updated: April 13, 2010 (Initial publication: April 10, 2010)

Contributions

Updated: April 29, 2010 (Initial publication: Feb. 26, 2010)

Grey Litterature

The European Commission, sensing potential anticompetitive behaviour in the pharmaceutical sector, conducted an inquiry into this sector, and adopted its final report on the matter on July 8th 2009. The Commission’s suspicion was that anticompetitive behaviours could be slowing down the entry of generic drugs into national markets, whereas the burden of drug spending on public finances and public health policy make rapid generic entry an important issue. The Commission concluded that delays are due in part to pharmaceutical companies’ behaviour, especially as concerns the use they make of their intellectual property rights. However, on the other hand, one may also sustain that the strategic use of an acquired legal right is no less than legitimate, and that public health policy is a matter for national regulation. Indeed, it is for Member States, rather than European competition law, to determine the level of healthcare coverage that their society is financially willing to bear.

Updated: July 16, 2012 (Initial publication: July 9, 2012)

Breaking news

On the paper the "Autorité de Régulation du Secteur de la Microfinance» - ARSM" (the Regulatory Authority of the Microfinance Sector), established by law in Niger, is both original and powerful. Indeed, it is rare that this financing mechanism be regulated by a body that is its own and the Decree of 27 March 2007 that created gives it the powers to deliver licenses, permits to exercise, to disseminate information, to monitor the " Systèmes Financiers Décentralisés"- SFD (Decentralised Financial Systems), to conduct inspections and sanction. But in reality, the economic culture of savings failed in Niger and political instability made goes away a few foreign cooperative banks which had supplemented the lack of conventional banks. The Authority also requests that the public authorities, managers of the structures of micro-credit clean up the sector, before injecting any new money.