Creditworthiness Assessment of consumers under CCD II and the suitability-appropriateness evaluation of investors under MiFID II : A comparative legal analysis

The purpose of my paper was the comparative analysis of two distinct obligations arising respectively from Directive 2023/2225 (CCD II) and Directive 2014/65 (MiFID II). Specifically, the first part of my paper focused on examining the obligation of credit institutions to conduct a creditworthiness assessment of consumers prior to the granting of credit, in accordance with Directive 2023/2225. In this context, I analyzed the content of this obligation, the relative challenges, as well as the sanctions regime applicable in the event of a breach of the obligation. The second part of the paper concerned the obligation of investment firms to carry out suitability-appropriateness evaluations of the investment services and products they provide, pursuant to Directive 2014/65. To this end, I examined the fundamental principles and the more specific content of this obligation, with particular reference to the sanctions imposed in the event of violation. Finally, in the third part of the paper, I conducted a comparative analysis of the aforementioned obligations, examining both the substance of the rules as well as the mechanisms for imposing sanctions.