Exclusion of the defence under section 762 of the Civil Code

The defence under section 762 of the Civil Code may not be raised against claims arising from financial forward transactions where at least one party is an undertaking that concludes financial forward transactions, or brokers their conclusion, or engages in the acquisition, disposal or brokering of financial forward transactions, on a commercial basis or on a scale requiring a commercially organised business operation. Financial forward transactions within the meaning of the first sentence and of sections 100 and 101 are derivative transactions within the meaning of section 2(3) and warrants.