MiFID II and Private Law

Enforcing EU Conduct of Business Rules

Federico Della Negra (European Central Bank)

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English

Hart Publishing
21 January 2021

Banking law; Financial services law & regulation

Series: Hart Studies in Commercial and Financial Law

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.

By: Federico Della Negra (European Central Bank)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 408g
ISBN: 9781509946266
ISBN 10: 1509946268
Series: Hart Studies in Commercial and Financial Law
Pages: 288
Publication Date: 21 January 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Federico Della Negra obtained his PhD in Law at the European University Institute.

Reviews for MiFID II and Private Law: Enforcing EU Conduct of Business Rules

A major strength of Della Negra's analysis lies in the fact that it does not only comprise a thorough examination of the relevant EU legislation and case law, but also provides the reader with very insightful and practical national law perspectives... The book has resulted in an original contribution to legal scholarship, which makes for a splendid read that will definitely refine our understanding of this highly pertinent topic. -- Evariest Callens * Common Market Law Review * EU law has increasingly regulated financial transactions but it has done so without harmonising the national private law which is applicable to these transactions. That leaves challenges on many levels. Federico Della Negra's MiFID II and Private Law: Enforcing EU Conduct of Business Rules is the most important scholarly response so far. -- Mads Andenas * Quaderni di Ricerca Giuridica, Banca d'Italia * Della Negra sets out the critical issues with clarity, providing extensive empirical case studies and a comparative methodology. At the same time, he exposes the civil law implications of such rules and the underlying 'Europeanisation of private law', providing practitioners and scholars with a new and comprehensive interpretation of EU financial regulations. -- Marta Cantero Gamito * European Review of Contract Law *