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This article posits that the European law of finance may possibly work as an interesting test-case for hybrid commercial courts in Europe. In this context, effectivenessEffectiveness () of EU law is increasingly at odds, in its private-law dimension, with Member States’ procedural autonomy, due to national causes of actions which are not (but for one exception) harmonised following the principle of procedural autonomy. This is so although substantive law is increasingly uniform or subject to maximum harmonisation at the Union level and a convergent interpretationInterpretation and application of EU law, or its national transposition, is clearly essential to ensure both the competitive level playing field and the overall European (and Eurozone) financial stability.

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Two (Provocative) Ideas for a Test-Case: An EU Hybrid Court for Private-Law Disputes in the Law of Finance, and How?

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  • 发表日期：

    2025年

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  • Marco Lamandini,
  • David Ramos Muñoz

摘要

This article posits that the European law of finance may possibly work as an interesting test-case for hybrid commercial courts in Europe. In this context, effectivenessEffectiveness () of EU law is increasingly at odds, in its private-law dimension, with Member States’ procedural autonomy, due to national causes of actions which are not (but for one exception) harmonised following the principle of procedural autonomy. This is so although substantive law is increasingly uniform or subject to maximum harmonisation at the Union level and a convergent interpretationInterpretation and application of EU law, or its national transposition, is clearly essential to ensure both the competitive level playing field and the overall European (and Eurozone) financial stability.