a1 Doctoral Candidate in Law and Economics of Money and Finance, Goethe University, Frankfurt.
This article analyses a recent decision by the German Federal Court of Justice in the field of investor protection. At first sight it seems as if the Court held on to a model of investor empowerment by means of informational duties. However, a closer look at the reasoning of the Court reveals a tendency towards heavier intervention in the field of financial advice, oriented towards the regulation of product design. In light of this new dimension of investor protection, the article critically analyses the Federal Court of Justice's use of the disclosure-based investor protection regime.
(Online publication June 28 2012)