News 2021


A first Delegated Act on technical screening criteria supplementing the Taxonomy Regulation has been published

4/22/2021 A first Delegated Act defining the technical screening criteria for economic activities that can make a substantial contribution to climate change mitigation and climate change adaptation has been published on 21 April 2021. The previous draft of the first Delegated Act caused some concern within the Swedish industry and real estate sectors, but some adjustments have been made in the published Delegated Act. This first Delegated Act supplements the Taxonomy Regulation.

Proposed new EU regulation on choice of law rules

4/13/2021 The European Commission has proposed a new regulation to provide for uniform choice of law rules applicable when establishing whether an assignment of claims is protected from third party rights. According to the proposal, the main principle will be that an assignment of claims, such as trade receivables, shall be perfected in accordance with the laws in the country where the assignor has its "habitual residence". The proposal would solve an issue which is often a problem in international financing, where current conflict of law rules may not always be determined with certainty, which causes legal risks that businesses have to take into account when considering a cross-border assignment of claims.

LIBOR transition update

4/13/2021 The Financial Conduct Authority (FCA) of the United Kingdom has confirmed cessation or loss of representativeness of all the 35 LIBOR benchmark settings, which effectively means that market participants should move away from LIBOR and determine alternative reference rates for all financing which continues beyond year-end 2021. In order to prepare for the cessation of LIBOR the European Council has opted for legislative fix for LIBOR and has adopted amendments to the Benchmark Regulation (EU) 2016/1011 giving the European Commission power to designate statutory successor to LIBOR in certain cases in order to deal with so called tough legacy contracts, which do not provide for suitable fallback provisions.