“The knock-on effect on financial supervision law in civil liability law” by Danny Busch (Radboud University Nijmegen – Institute for Financial Law (IFR)) was published on 17 June 2024 in the EBI Working Paper Series No. 175. 

This article provides a comprehensive analysis of the heavy stamp that financial supervision law has come to put on the regulation of the financial sector which has made the relationship between public and private law in this domain increasingly complex. The most pressing question in theory and practice in this respect is to what extent financial supervision law has a knock-on effect in civil law. This contribution discusses the effect of financial supervision law on civil liability law and distinguishes three types of knock-on effect: (i) financial supervision law itself contains rules of civil liability law; (ii) the knock-on effect of financial supervision law through national civil liability law; (iii) EU financial supervision law, whether or not in combination with the EU effectiveness principle and the EU principle of legal certainty, imposes certain preconditions on national civil liability law.

Read the entire article here: https://ssrn.com/abstract=4867494 or http://dx.doi.org/10.2139/ssrn.4867494.