Product details
- Categories: Companies, Business & Taxation, June 2019
- Publisher: HART PUBLISHING
- ISBN: 9781509925292
- Publication Date: 11/07/2019
- Binding: Paperback
- Number of pages: 288
- Language: English
Summary
In the wake of the global financial crisis, investors have suffered
significant losses as a result of breaches of conduct of business rules
in the distribution of financial instruments.
MiFID II introduced
new disclosure, distribution and product governance rules to strengthen
the protection of investors but, like MiFID I, did not harmonise the
civil law consequences for their violation.
This book asks whether,
in spite of the silence of the EU legislators, the MiFID II conduct of
business rules may produce civil law effects, enabling investors to
enforce them against investment firms before national courts and
alternative dispute resolution (ADR) mechanisms.
Building on the case
law of the CJEU, the book shows the conditions under which the breach
of MiFID II conduct of business rules should give rise to a private law
remedy, and what remedies would be compatible with EU law.
MiFID II and Private Law
is an essential contribution to academic research in EU and financial
law and will be a key text for policy-makers and legal practitioners
working in the field of investor protection regulation and mis-selling
litigation.