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This new work provides analysis of the impact of the Unfair Terms Directive on banking and finance contracts and includes interpretation of its rules by the CJEU, national courts, and relevant ADR bodies across Europe.
List of contents
- PART I: GENERAL
- 1: Danny Busch and Matthias Lehmann: Introduction
- 2: Danny Busch and Matthias Lehmann: The Unfair Terms Directive and Its Application to Banking and Financial Contracts
- PART II: EU JURISDICTIONS
- 3: Matthias Lehmann: Germany
- 4: Thierry Bonneau: France
- 5: Laura Valle: Italy
- 6: Francisco de Elizalde and Sara Sánchez: Spain
- 7: Dariusz Adamski and Aneta Wiewiorowska: Poland
- 8: Monika Jozon: Romania
- 9: Danny Busch: The Netherlands
- 10: Caroline Caufmann: Belgium
- 11: Christina Livada: Greece
- 12: Silvia Vyskocilová and Rita Ildikó Sik-Simon: Czech Republic
- 13: Torbjörn Ingvarsson: Sweden
- 14: Judit Fazekas and András Pomeisl: Hungary
- 15: Alexander Schmit and Prof. Martin Spitzer: Austria
- 16: Alexandros Seretakis: Ireland
- 17: Irene Kull: Estonia
- PART II.a: NON-EU/EEA JURISDICTIONS
- 18: Marte Eidsand Kjørven: Norway
- PART II.b: NON EU/NON-EEA JURISDICTIONS
- 19: Gerard McMeel: United Kigdom
- 20: Yesim Atamer: Switzerland
- PART III: CONCLUSION
- 21: Danny Busch and Matthias Lehmann: Towards an Unfair Terms Regulation
About the author
Danny Busch is Full Professor (Chair) of Financial Law and founding Director of the Financial Law Centre (FLC), Radboud University, Nijmegen, The Netherlands. He is a Senior Research Fellow at Harris Manchester College, and a Fellow of the Commercial Law Centre, University of Oxford. He is also a Deputy Judge in the Amsterdam Court of Appeal, and a Member of the Appeals Committee of the Financial Services Complaints Tribunal (KiFiD, and ADR-body), The Hague.
Matthias Lehmann is a full professor at the Department for European, International and Comparative Law at the University of Vienna. His main interest lies in international and comparative aspects of banking and financial law, on which he has published extensively. He is regularly invited as a guest professor at the Sorbonne University (France), the University of Fribourg (Switzerland) and the Universidad Pablo de Olavide (Spain). Matthias is a member of the Council of the European Law Institute (ELI), of the Academic Board of the European Banking Institute (EBI), and of the International Academy of Comparative Law. He has participated in the European Commission's Expert Group on Conflict of Laws Regarding Securities and Claims.
Summary
This new work provides analysis of the impact of the Unfair Terms Directive on banking and finance contracts and includes interpretation of its rules by the CJEU, national courts, and relevant ADR bodies across Europe.
Additional text
A new book by Busch and Lehmann now undertook to investigate under which circumstances European legal systems invalidate clauses in banking and financial contracts both under national law as well as under European law ... This book is of great use to both academics and practitioners and it can only be hoped that it will be updated to a second edition.
