In his presentation, Danny Busch will analyse and discuss to what extent the civil courts are bound by Markets in Financial Instruments Directives (MiFID I/MiFID II) under EU law. The following questions are considered in this context: (1) May civil courts be less strict than MiFID I/MiFID II? (2) May civil courts be stricter than MiFID I/MiFID II? (3) May contracting parties be less strict than MiFID I/MiFID II? (4) May contracting parties be stricter than MiFID I/MiFID II? (5) What effect does MiFID I/MiFID II have on the requirement of proximity or relativity in the Member States where this is a requirement for liability in tort? (6) What effect does MiFID I/MiFID II have on the proof of causal link? (7) What is the influence of MiFID I/MiFID II on a contractual limitation or exclusion of liability? (8) Should civil courts apply MiFID I/MiFID II of their own motion?
Participants may also be interested in reading Professor Busch's forthcoming article which is available here.
A buffet lunch will be available in the Seminar Room from 12.30.