M.W. Wallinga

Private law remedies for breach of the EU conduct of business rules by investment services providers 

The recent financial crisis has highlighted the importance of a high level of investor protection. To this end, the EU Markets in Financial Instruments Directive (MiFID I) and its successor MiFID II contain extensive conduct of business rules which should be observed by investment firms and credit institutions when providing investment services across the EU. B eing based on a public supervision and enforcement model, however, both directives do not address the consequences of the violation of the conduct of business rules in the private law relationship between the investment service provider and its client. What private law remedies, however, does an individual client have against the breaches of the conduct of business rules by the provider?

This PhD research project seeks to address this issue through the comparative analysis of the national laws of the selected EU Member States.