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

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
Richard Schmidt Joins KŠB, Strengthening Its Corporate Criminal Liability and Compliance Practice
KŠB expanded its team at the beginning of August with the arrival of attorney Richard Schmidt, who has extensive experience in criminal law, including corporate criminal liability and related compliance matters.
Active counter-drone measures need a broader legal basis
A highly noteworthy legislative proposal was added to the VeKLEP interministerial consultation database on 21 July 2026, namely a government bill amending several laws with the aim of strengthening the resilience of critical infrastructure entities against unmanned aircraft systems. Drafted by the Ministry of the Interior, the bill includes proposed amendments to the Civil Aviation Act and the Act on the Czech Police.
Tomáš Sequens and Dana Jacková Discuss the Risks of the Proposed Amendment to the Building Act
KŠB partner Tomáš Sequens and counsel Dana Jacková recently spoke to specialist news platforms Česká justice and Ekonomický deník about the proposed amendment to the Building Act, which aims to accelerate and simplify the construction permitting process.