
In the wake of the 2008 Global Financial Crisis, misconduct and unfair contract terms in financial services contracts triggered a wave of litigation before national courts. Litigation did not remain a national law issue but soon became an EU law issue. National courts sought, through the preliminary reference procedure, the Court of Justice of the European Union (CJEU)'s guidance to interpret EU financial services legislation and determine the scope of consumers' rights and private law remedies vis-à-vis financial service providers (FSPs).The high number of CJEU's rulings have significantly innovated numerous EU and national private law rules on financial services contracts. The CJEU has often expanded consumers' private law remedies, based on general principles of EU law, beyond the letter of the law, thus 'creating' new private law principles for these contracts.This book provides the first comprehensive and systematic analysis of the rapidly evolving and complex CJEU case law on retail credit, payment, and investment services contracts. It extensively discusses the rationales of the CJEU's judgments and gives guidance on the role of general principles of EU law in the CJEU's reasoning. This volume identifies emerging principles of private law which should apply across credit, payment, and investment services contracts. Building on this analysis, the work provides an assessment of the significant legal and policy implications of the CJEU case law on national and EU private law.
This book investigates how the Court of Justice of the European Union (CJEU) has shaped private law remedies for consumers within financial services contracts following the 2008 Global Financial Crisis. Federico Della Negra, a legal scholar, examines the shift from national litigation to EU-level judicial interpretation. The author analyzes how the CJEU utilizes general principles of EU law to expand consumer protections beyond the explicit text of existing legislation, effectively establishing a new framework for retail credit, payment, and investment services.
What You Will Find
Scope Limits
Legal professionals and academics view this volume as a foundational resource for understanding the intersection of EU consumer protection and financial regulation. Readers frequently note the technical density of the prose, which is tailored for practitioners and scholars navigating the complexities of European private law.
Page Count:
384
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0192866605
ISBN-13:
9780192866608
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