La proposta di regolamento MiCA e la disciplina delle pratiche commerciali scorrette

Abstract

The most part of European and domestic supervisory authorities have underlined the likelihood that either the issuing and the negotiation of cryptoassets may be the final outcome of unfair and deceptive commercial practices. The discipline laid down by the Directive 2005/29/ CE – now expressely recalled by the MiCAR Proposal – seems to be crucial for the best functioning of the market at stake. The Author stresses how the interplay between «horizontal» and «vertical» measures needs the interpreters play a pivotal role, in order to grant the best understanding of the circumstances of the case as well as the best using of the «professional diligence» general clause.