E-Money vs. Crypto: From Contractual Claim to Statutory Redemption Rights
Under EMD2, e-money holders possess contractual claims arising from account agreements. MiCAR introduces a fundamentally different architecture for e-money tokens: a legal right to reimbursement that exists by operation of law, regardless of whether the holder ever contracted with the issuer. This essay examines Case C-661/22 and Article 49 MiCAR to explain why this distinction matters.