The Dutch Supreme Court upheld the decision that the State of the Netherlands did not mislead investors in the run-up to the nationalisation of Fortis. The role the financial crisis played in this outcome and the role it should have played.
In the past seven years, governments across the globe spent trillions to prevent banks from failing and wreaking havoc on our economy. Europe’s answer has been a legislative framework for bank recovery and resolution and a single resolution mechanism.
This blog examines to what extent the MiFID II conduct of business rules influence private law. It argues that their level of harmonisation and the European Securities and Markets Authority’s guidance could bring private law under the scope of MiFID II.