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Energy Union Law

Annual Training on the Regulation of Energy Utilities

Podcast

29.03.2019

Regulating Transparency: The Concept of Confidential Information

The implications of EU Case C-15/16 Bundesanstalt für Finanzdienstleistungsaufsicht V Ewald Baumeister  In this podcast, Sohra Askaryar from Baker Botts (Brussels) addresses the recent case […] read more

Energy Union Law

Annual Training on the Regulation of Energy Utilities

Podcast

31.10.2018

Regulating EU-Russia Energy Trade Relations: The WTO Ruling

In a ruling from the WTO, published on 10 August 2018, several of Russia’s arguments regarding the alleged incompatibility of the EU’s energy policy measures […] read more

Energy Union Law

brexit

Podcast

3.10.2018

The Irish Question: Brexit and the I-SEM

Brexit, the Irish Border and the All-island Single Electricity Market in Ireland: Challenges for EU Energy Policy and Cross-jurisdictional Regulatory Governance In this podcast, Dr. […] read more

Electricity

Podcast

17.07.2018

The FSR Director at IIEA | Listen to the podcast presentation from Dublin!

On 16 July 2018, the FSR Director gave a presentation at the Institute of International & European Affairs, Ireland’s leading think tank on European and International affairs. […] read more

Energy Union Law

spider net

Podcast

26.06.2018

Capacity Withdrawals in Electricity Wholesale Markets – Competition & Regulation

In this podcast, Panagiotis Tsangaris, alumnus of the Max Planck Institute for Innovation and Competition, discusses the competition law and regulation issues that arise as […] read more

Energy Union Law

Brexit

Podcast

12.02.2018

Brexit & the Euratom Treaty, by Silke Goldberg

The Euratom Treaty, signed in Rome on 25 March 1957, established the European Atomic Energy Community, alongside the European Economic Community (EEC). Its function is […] read more

Energy Policy

Ensuring competitiveness and integrity of wholesale energy markets: the regulators’ view | Podcast with Clara Poletti

Competitiveness of wholesale energy markets is a fundamental goal of the EU since more than 20 years. Recently, specific pieces of legislation like REMIT have […] read more

Energy Union Law

opal-gas-pipeline

Podcast

15.01.2018

The Opal Gas Pipeline

In this podcast, Szymon Zaręba from the Polish Institute of International Affairs discusses the legislative developments surrounding the controversial Opal gas pipeline. The Opal pipeline […] read more

Electricity

Restructuring the electricity industry in emerging countries

Insights from Thanawadee Jaem On and Nicha Saiped During the Executive Course to master Electricity Markets, the FSR Lights on Women team organised an interview with […] read more

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Annual Training on the Regulation of Energy Utilities

Regulating Transparency: The Concept of Confidential Information

- Energy Union Law

The implications of EU Case C-15/16 Bundesanstalt für Finanzdienstleistungsaufsicht V Ewald Baumeister

 In this podcast, Sohra Askaryar from Baker Botts (Brussels) addresses the recent case before the European Court of Justice, C-15/16 Bundesanstalt für Finanzdienstleistungsaufsicht V Ewald Baumeister, which clarifies the definition of confidential information in the context of the Markets in Financial Instruments Directive (MiFID) first introduced in 2004 followed by MiFID II and the regulation MiFIR in 2014, effective from January 2018.

The case sets out the criteria which national financial regulators must consider to determine if information they hold on entities under their supervision may be disclosed to third parties.  National financial regulators have extensive powers to request information from companies and are thereby privy to a range of commercially or otherwise sensitive information. This case has important practical implications for these companies with regard to the type of information they can expect to remain confidential and what may be disclosed. Do national financial regulators have an absolute duty of confidentiality? Can access to certain documents be granted and, if so, what determines this disclosure? What powers do financial regulators have over information? What protections are there for entities?

What does it mean for energy market trading and transparency?