Does Member State Law Make Article 35a of the EU Regulation on Credit Rating Agencies Redundant?
Forthcoming, Special Issue of International and Comparative Corporate Law Journal, on Civil Liability of Credit Rating Agencies in the European Union - Selected Legal and Economic Aspects, edited by Gudula Deipenbrock and Mads Andenas
University of Oslo Faculty of Law Research Paper No. 2015-04
20 Pages Posted: 9 Jan 2015 Last revised: 11 Jan 2015
Date Written: January 8, 2015
Abstract
The purpose of this paper is to analyze certain aspects of the CRAs’ civil liability under Article 35a of the EU Regulation on credit rating agencies. Central terms in Article 35a are dependent on the national private laws of the Member States. In that regard, this article discusses English law and Swedish law. (This paper was written before the adoption of The UK Credit Rating Agencies (Civil Liability) Regulations of 2013 (No. 1637) in July 2013. These Regulations are therefore not analyzed in this paper. They will be analyzed in my forthcoming dissertation.)
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