European Commission


Legal Literature detail

Directive article Article 3 9.
Reference V. Colaert, ''Financiƫle diensten en de Wet Marktpraktijken: enkele knelpunten '', BFR 2011, p. 87-116
Country Belgium Legal Literature date 2011
Author V. COLAERT Author initial
Title EN Applying the Belgian Law on Market Practices and Consumer Protection to Financial Services: Selected Issues URL EN N/A
Title NL Financiƫle diensten en de Wet Marktpraktijken: enkele knelpunten URL NL N/A
Keywords financial servicesfull harmonisationgeneral discussion on the national implementationminimum harmonisation

Head note

The author criticises the complexity in determining the applicable national consumer and/or financial legislation with regards to financial instruments and services and the relationship/prevalence between both. The author feels that this complexity is caused by the inconsistent differentiation by the legislator between such financial instruments and services.

The notion "financial service" must be differentiated from "financial instruments" which are excluded from the scope of the Belgian Law on Commercial Practices. The author pleads for the replacement of this general exclusion of financial instruments by specific exclusions as the latter are only rarely required.

General note

Relevant cases