On Thursday 25 April 2024 ‘Unfair Terms in Banking and Financial Contracts’, by Danny Busch and Matthias Lehmann and published by Oxford University Press, will be launched.
The book offers a thorough discussion of the Unfair Terms Directive (UTD) and resulting European and national case law relating to banking and financial contracts in fifteen Member States. The book also features studies for three non-EU countries (UK, Switzerland and Norway).
Disputes have already arisen across Europe in several areas including foreign currency housing loans, housing loans based on Euribor, and hidden bank fees. The stakes of the outcomes of these disputes for customers as well as for the banks are very high. Locating unfair terms within the broader European struggle to balance the power of market forces and the requirements for social justice, the volume offers a critique of the existing regime and concludes with a proposal for a common legal framework to ensure a level playing field and greater harmonisation across the EU.