Judicial review of revocation decisions in the context of European banking supervision

The progression of EU law: Accommodating change and upholding value

Establishment and characterization of models of chemotherapy resistance in colorectal cancer: Towards a predictive signature of chemoresistance

Current standard treatments for metastatic colorectal cancer (CRC) are based on combination regimens with one of the two chemotherapeutic drugs, irinotecan or oxaliplatin. However, drug resistance frequently limits the clinical efficacy of these therapies. In order to gain new insights into mechanisms associated with chemoresistance, and departing from three distinct CRC cell models, we generated a panel of human colorectal cancer cell lines with acquired resistance to either oxaliplatin or irinotecan. We characterized the resistant cell line variants with regards to their drug resistance profile and transcriptome, and matched our results with datasets generated from relevant clinical material to derive putative resistance biomarkers. We found that the chemoresistant cell line variants had distinctive irinotecan- or oxaliplatin-specific resistance profiles, with non-reciprocal cross-resistance. Furthermore, we could identify several new, as well as some previously described, drug resistance-associated genes for each resistant cell line variant. Each chemoresistant cell line variant acquired a unique set of changes that may represent distinct functional subtypes of chemotherapy resistance. In addition, and given the potential implications for selection of subsequent treatment, we also performed an exploratory analysis, in relevant patient cohorts, of the predictive value of each of the specific genes identified in our cellular models

Duty of care as a judicial review tool for SSM composite procedures

In the Single Supervisory Mechanism (SSM), decisions to grant or oppose an acquisition of a qualifying holding in a bank are adopted in a so-called composite procedure. First, the national competent authority (NCA) assesses the proposed acquisition based on five criteria enshrined in Art. 23(1) of the Capital Requirements Directive IV (CRD IV) and implemented into national law. Then, it forwards a proposal for a decision to the European Central Bank (ECB). The ECB adopts the final decision. One of the criteria requires an assessment of whether, in connection with the proposed acquisition, there are reasonable grounds to suspect (potential) breaches of rules on the prevention of money laundering (AML) or financing of terrorism (CFT). While the NCAs have the competence to assess such (potential) breaches, the SSM Regulation did not confer AML and CFT-related supervisory tasks on the ECB. The ECB must thus to a certain extent rely on the national AML/CFT assessment. The question is how to reconcile the ECB’s lacking AML/CFT competence with its sole responsibility and legal accountability for the final decision on a proposed acquisition. This contribution suggests that the general principle of duty of care can be calibrated to allow the ECB to review the AML/CFT assessments made by the NCA without exceeding the limits of its competence and ensure a judicial review by the EU courts.Coherent privaatrechtThe progression of EU law: Accommodating change and upholding value

ECJ’s Weiss and the Bundesverfassungsgericht’s PSPP: two courts speaking two different languages

The progression of EU law: Accommodating change and upholding value

Europees recht

The progression of EU law: Accommodating change and upholding value

Duty of care as a judicial review tool for SSM composite procedures

In the Single Supervisory Mechanism (SSM), decisions to grant or oppose an acquisition of a qualifying holding in a bank are adopted in a so-called composite procedure. First, the national competent authority (NCA) assesses the proposed acquisition based on five criteria enshrined in Art. 23(1) of the Capital Requirements Directive IV (CRD IV) and implemented into national law. Then, it forwards a proposal for a decision to the European Central Bank (ECB). The ECB adopts the final decision. One of the criteria requires an assessment of whether, in connection with the proposed acquisition, there are reasonable grounds to suspect (potential) breaches of rules on the prevention of money laundering (AML) or financing of terrorism (CFT). While the NCAs have the competence to assess such (potential) breaches, the SSM Regulation did not confer AML and CFT-related supervisory tasks on the ECB. The ECB must thus to a certain extent rely on the national AML/CFT assessment. The question is how to reconcile the ECB’s lacking AML/CFT competence with its sole responsibility and legal accountability for the final decision on a proposed acquisition. This contribution suggests that the general principle of duty of care can be calibrated to allow the ECB to review the AML/CFT assessments made by the NCA without exceeding the limits of its competence and ensure a judicial review by the EU courts.</p