‘Unfair Terms in Banking and Financial Contracts' by Danny Busch and Matthias Lehmann

In September 2023 ‘Unfair Terms in Banking and Financial Contracts’, by Danny Busch and Matthias Lehmann was published by Oxford University Press. 

Unfair Terms in Banking and Financial Contracts 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.

Professor Danny Busch is Professor of Financial Law and Founding Director of the Financial Law Centre, Radboud University, Nijmegen; Senior Research Fellow, Harris Manchester College, and Fellow of the Commercial Law Centre, Harris Manchester College, University of Oxford

Professor Matthias Lehmann is Professor of Private Law, Private International and Comparative Law, University of Vienna, Professor of European Business Law, Radboud University, Nijmegen.