Unbeabsichtigte Normenkonflikte zwischen EU-Recht und nationalem Recht

This study investigates the tension between the German Banking Act (KWG) and the European Capital Requirements Regulation (CRR), focusing on German surety banks (Bürgschaftsbanken). Although these institutions are not directly subject to CRR, its application has been voluntarily extended by the German legislator through Section 1a of the German Banking Act (KWG). To date, no systematic analysis exists on whether — and to what extent — the CRR’s prudential requirements are compatible with the distinctive legal features of such national institutions. This research gap forms the starting point of this study.