Is a natural person who, prior to the date of 1 November 2007 specified in Article 70 of Directive 2004/39/EC, acquired a derivate financial instrument from a bank using funds borrowed from that bank on the basis of collateral in favour of that bank to be regarded as a retail client and a non-professional investor in financial instruments under EU law, and, if that is the case, must the provisions of EU law establishing consumer information obligations and prohibiting conflicts of interest when a bank offers and sells a financial instrument, such as the provisions laid down in Directive 2003/6, (3) Directive 2003/71/EC, (4) Directive 2001/34/EC, (5) Regulation (EC) No 809/2004, (6) the MiFID II Directive (7) and other rules of EU legislation protecting the rights of financial services consumers, be applied in the present case?
Parece que no lo entiendeEurlex2018q4 Eurlex2018q4