ABSTRACT
What is the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution (FI) failure? Who is a considered to be a protected retail depositor or retail investor (financial consumer) in such a case? What is the difference in the protection awarded by EU law to retail depositors vis-à-vis retail investors, and how is it justified? Does EU law in this area provide coherent, predictable and flexible enough rules to allow for the protection of financial consumers? In other words, is it effective? Should it be effective in protecting financial consumers in the event of FI failure – or is its aim only or primarily to protect financial market stability and integrity? If its aim is (also) to protect financial consumers, does EU law confer upon them justiciable rights?
