EU Update – September 2021

On 15 April 2021 EU Advocate General Michael Bobek delivered a pithy opinion on whether the EBA had exceeded its powers in publishing non-binding guidelines on product governance arrangements.² Given its subject matter it might come as a surprise that AG Bobek commenced his opinion by quoting Game of Thrones ³ going on to use metaphors such as car factories and chess games to illustrate the various legal conundrums. His figurative prose however in no way detracts from the importance of his opinion’s contents. In a tempered tone AG Bobek touches upon soft law’s status in the EU discussing incompatible EU jurisprudence and problematic approaches under EU law. Whilst the validity of the EBA’s guidelines were the initial impetus the opinion ultimately goes to the heart of the status of soft law in the EU and as such has broad general...