Credit rating agency liability in Europe : rating the combination of EU and national law in rights of redress / Dorine Verheij.

Format:

Book

Author/Creator:

Verheij, D. J. (Dorine J.), author.

Language:

English

Subjects (All):

Credit--Law and legislation.

Credit.

Physical Description:

1 online resource (576 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2021]

Summary:

The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century.In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation.

Contents:

Intro

Table of contents

Abbreviations

1 INTRODUCTION

1.1 Context

1.2 Civil liability of credit rating agencies

1.3 Research questions

1.4 Methodolody

1.5 Scope and demarcations

1.6 Relevance

1.7 Relationship to other research

1.8 Outline

2 INFLUENCE OF EU LAW ON CIVIL LIABILITY

2.1 Introductory remarks

2.2 Competence of the European Union

2.3 Effects of EU law in national legal orders

2.4 Enforcement of EU law

2.5 Influence of EU law on civil liability

2.6 Concluding remarks

3 CREDIT RATING INDUSTRY AND ITS REGULATION

3.1 Introductory remarks

3.2 Historical perspective credit rating industry and civil liability.

3.3 Credit ratings

3.4 EU regulatory framework

3.5 Private enforcement of Article 35a

3.6 Factual perspective on credit rating agency liability

4 PRIVATE INTERNATIONAL LAW ASPECTS

4.1 Introductory remarks

4.2 Characterisation

4.3 Jurisdiction

4.4 Applicable law - Rome II Regulation

4.5 Recognition and enforcement

4.6 Concluding remarks

5 INTERPRETATION AND APPLICATION ARTICLE 35A UNDER DUTCH, FRENCH, GERMAN AND ENGLISH LAW

5.1 Introductory remarks

5.2 Methodology

5.3 Terms and subjects of Article 35a

5.4 Dutch law

5.5 French law

5.6 German law

5.7 English law

5.8 Comparison

5.9 Concluding remarks

6 OBSERVATIONS AND RECOMMENDATIONS

6.1 Introductory remarks

6.2 Normative framework

6.3 Observations within the normative frameworks

6.4 No adequate right of redress

6.5 Recommendations

6.6 Rating the suitability of Article 35a’s template for private enforcement

6.7 Concluding remarks

REFERENCES

INDEX.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9789054549239

9054549238

OCLC:

1250090020