Posts tagged #Banking Law
All PostsDeposit Protection: OGH Asks ECJ for Preliminary Ruling
Banking LawDoes the Deposit Protection Directive (2014/49/EU) mean that deposits held by a housing association structured as a limited liability company (GmbH), which come from the sale of an apartment by the association to a private individual, should be consi...
VfGH: KIM-V Complies with Law
Banking LawThe Austrian Constitutional Court (Verfasssungsgerichtshof, hereinafter VfGH) has dismissed a complaint against the Austrian Financial Market Authority's (FMA) Real Estate Financing Measures Ordinance (Kreditinstitute-Immobilienfinanzierungsmaßnahmen...
OGH: Right to Info on Small-Value Accounts
Banking LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an individual has the right to know all the information given to them when opening a savings account, even if the corresponding savings account passbook is not presente...
OGH on Deposit Insurance for Trust Accounts
Banking LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that in the case of multiple-party trust accounts, all trustors are to be considered as depositors for the purpose of deposit insurance. The first and second plaintiffs ...
GER: Decision on Premium Savings Positive for Savers
Banking LawThe senate of the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) responsible for banking and capital market law has again ruled on appeals by a consumer protection association against a precedential declaratory judgement delivered ...
GER: BGH: No Annual Fee for Building Savings Contracts in Accrual Phase
Banking LawAnnual fees in the accrual phase of current building savings contracts (the German financial product is called Bausparvertrag) are illegal. This was the decision of the Senate of the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) r...
DE: Wirecard annual financial statements for 2017 and 2018 void
Banking LawWirecard's financial statements for 2017 and 2018 as well as the resolutions on the appropriation of profits at the associated annual general meetings are null and void. This was the decision of the Munich Regional Court I (Landgericht München I) in ...
EU recognizes CCPs authorized by the SEC
Banking LawAccording to Regulation (VO) 648/2012, clearing houses acting as central counterparties (CCPs) whose regulatory standards are equivalent to EU standards may provide clearing services to clearing members or trading venues established in the Union. In ...
BCBS on haircuts for securities financing transactions
Banking LawThe Basel Committee on Banking Supervision develops and maintains standards for the supervisory regulation of banks. The standards are implemented nationally by the members of the Committee. The Basel Committee is currently seeking clarification of f...
OGH on the analogous applicability of § 1 (5) BWG and § 51 BörseG to contracts for differences concluded between companies in the area of concealed forward transactions
Banking LawThe defendant refused to disburse the profit from speculative commodity forwards, arguing that these were transactions for differences that had created a (non-enforceable) “natural obligation” under Austrian law. The plaintiff thereupon sought to app...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions