In legal practice, “DAX
index” refers to the principal German blue‑chip equity benchmark commonly referenced in derivatives (including ISDA equity products), structured notes, fund benchmarks and prospectuses. It currently comprises 40 of the largest and most liquid companies admitted to the Frankfurt Stock Exchange (Prime Standard), selected and weighted by free‑float market capitalisation, with constituents reviewed quarterly. It was expanded from 30 to 40 in 2021. The index is administered within the Deutsche Börse group (Qontigo/STOXX).
“DAX Index” is a market term, not a concept defined in UK or Irish legislation or case law. However, where used as a benchmark, regulatory considerations under the UK Benchmarks Regulation and, for Irish parties, the EU Benchmarks Regulation may apply.
In documentation, specify precisely which series is intended: the DAX Performance Index (total return, dividends reinvested) is often the default market usage, but a DAX Price Index also exists. Drafting should identify the index name (DAX 40), administrator, currency (euro), calculation times, disruption and adjustment events, successor index provisions, and any data licensing. Usage and meaning are consistent across England & Wales, Scotland, Northern Ireland and Ireland.