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Contents
- Preliminary Material
- Main Text
- Introduction
- Part I The Regulation and Private Enforcement of Financial Services Contracts in EU Law
- 1 The regulation of financial services contracts in EU law
- Preliminary Material
- 1 The problem of regulating retail financial markets
- 2 The economic rationales for regulation
- 3 The objectives and evolution of EU retail financial regulation
- 3.1 Financial integration and consumer protection
- 3.2 Market liberalization and the general good exception
- 3.3 Minimum harmonization, mutual recognition, and home country control
- 3.4 Re-regulation and maximum harmonization
- 3.5 ‘Single rule book’ and institution-building legislation
- 3.6 Digital single market, capital markets union, and sustainable finance
- 4 The EU regulatory instruments to protect consumers of financial services
- 5 Conclusion
- 2 The private enforcement of financial services contracts and regulation in EU law
- Preliminary Material
- 1 The problem of private enforcement of retail financial contracts in EU law
- 2 Out-of-court dispute resolution
- 3 Representative actions
- 4 The preliminary reference procedure
- 5 Conclusion
- 1 The regulation of financial services contracts in EU law
- Part II The CJEU Case Law on Financial Services Contracts
- 3 Unfair contract terms in financial services contracts
- Preliminary Material
- 1 Introduction
- 2 The scope of the UCTD
- 3 The transparency requirement
- 4 The fairness requirement
- 4.1 The concept of ‘main subject matter’ of the contract and ‘price and remuneration’
- 4.2 The assessment of bank charges: Charges contingent on future events
- 4.3 Charges related to the granting of the loan or other services
- 4.4 The meaning of ‘good faith’
- 4.5 The meaning of ‘significant imbalance’
- 4.6 The legal effects of the grey list of unfair terms
- 5 Transparency and fairness of specific contract terms in loan agreements
- 5.1 Contract terms on the exchange difference in foreign currency loans
- 5.2 Contract terms on exchange rate risk in foreign currency loans
- 5.3 Unilateral price variation and determination clauses
- 5.4 Contract terms on bank charges
- 5.5 Floor clauses and reference index clauses in variable interest rate loans
- 5.6 Accelerated repayment clauses
- 5.7 Default and ordinary interest rates
- 5.8 Contract terms limiting the consumer’s rights to action
- 6 The legal consequences of unfair contract terms
- 6.1 The nature of the ‘not binding’effect of unfair contract terms for consumers
- 6.2 The effects of the non-binding contract term on the rest of the contract
- 6.2.1 The rule: Unfair terms must be set aside and cannot be revised
- 6.2.2 The exception: The replacement of unfair terms with national supplementary legislation
- 6.2.3 The ‘particularly unfavorable consequences’ of the annulment of the contract for the consumer: Conditions
- 6.2.4 National supplementary legislation and general private law rules
- 6.2.5 The restitutionary obligations triggered by the invalidity of unfair contract terms: Nature and effects
- 6.2.6 The renegotiation of unfair contractual terms
- 7 Procedural remedies
- 4 Consumer and mortgage loan contracts
- Preliminary Material
- 1 The EU legal framework
- 2 The scope of the EU consumer and mortgage credit regulation
- 3 Advertising and pre-contractual information duties
- 4 Creditworthiness obligation and advisory duties
- 5 Form and content of contract terms
- 5.1 CCD
- 5.1.1 The form of contract terms
- 5.1.2 The total amount of credit
- 5.1.3 The total cost of credit
- 5.1.4 The annual percentage rate of charge (APR)
- 5.1.5 Interest rate for late payments
- 5.1.6 Out-of-court complaint and redress mechanism
- 5.1.7 Contract law consequences for failure to include the mandatory information into contracts
- 5.1.8 The relationship between art 10 of the CCD and art 5 of the UCTD
- 5.2 MCD
- 5.1 CCD
- 6 Consumers’ right of withdrawal
- 7 Consumers’ right to the early repayment of the loan
- 8 Assignment of rights and unilateral changes to the credit agreement
- 9 The ex officio application of the CCD and MCD
- 10 Out-of-court dispute resolution
- 5 Payment services contracts
- Preliminary Material
- 1 The EU legal framework
- 2 The scope of EU payment services regulation
- 3 Pre-contractual information duties
- 4 Distribution rules
- 5 The PSU contract law rights in payment services contracts
- 6 Contract law remedies for unauthorized and incorrectly executed payment transactions
- 7 Complaint procedures and out-of-court dispute resolution
- 6 Investment services contracts
- Preliminary Material
- 1 The EU legal framework
- 2 The scope of investment services regulation
- 3 Pre-contractual information duties
- 4 Distribution rules
- 4.1 MiFID II
- 4.1.1 Duty to act fairly, honestly, and professionally and in the best interest of clients
- 4.1.2 Suitability rule and the ‘duty to refuse a transaction’
- 4.1.3 Appropriateness rule
- 4.1.4 The civil law consequences for breach/omission of suitability and appropriateness rules
- 4.1.5 Conflict-of-interest rules and inducements
- 4.2 The ELTIF Regulation
- 4.3 The PEPP Regulation
- 4.1 MiFID II
- 5 Product governance obligations
- 6 Content of contract terms
- 7 Rules safeguarding the client’s funds and civil liability of depositary institutions
- 8 Out-of-court dispute resolution
- 3 Unfair contract terms in financial services contracts
- Part III The CJEU’s Principles for the Interpretation of Financial Services Contracts
- 7 The interpretation of EU and national private law rules for financial services contracts
- Preliminary Material
- 1 General principles of EU law and private law
- 2 EU private law rules
- 3 National private law rules
- 4 Civil law effects of fundamental rights and fundamental freedoms
- 5 Conclusion
- 8 The judge-made civil law principles on financial services contracts
- Preliminary Material
- 1 New ‘sectorial principles of EU civil law’: Scope and functions
- 2 Pre-contractual information duties
- 3 Private law remedies for breaches of pre-contractual duties
- 3.1 Pre-contractual information duties
- 3.2 Suitability and advisory duties
- 3.3 Creditworthiness obligation
- 3.4 Conflict-of-interest and inducements rules
- 3.5 Product governance obligations
- 3.6 The causal link between the breach of regulatory duty and the client’s loss
- 3.7 The measure of damage
- 3.8 Invalidity of contracts
- 4 Transparency of contract terms
- 5 Good faith in consumer contracts
- 6 The partial invalidity of consumer contracts: Open issues and challenges ahead
- 7 The ex officio assessment of EU law and the interim relief
- 8 Interplay between EU sectorial and national general private law rules
- 9 Conclusion
- 7 The interpretation of EU and national private law rules for financial services contracts
- Further Material