On 10 November 2016, the European Court of Justice (the "ECJ") rendered a judgement on the interpretation of the requirement of 'possession or control' for financial collateral arrangements ("FCA's") (C-156/15ECLI:EU:C:2016:851, Private Equity Insurance Group/Swedbank). This ruling is important because it could be argued that the ECJ's interpretation of the requirement of possession or control differs from the interpretation given to it in Netherlands legal practice and literature. In this newsletter, we will discuss the ruling and its consequences for the Netherlands practice. Firstly, we will describe what FCA's are and what the requirement of possession or control entails.
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