Accountability… Judicial Review of EU-level Resolution of a Systemically Significant Eurozone Bank by an EU Agency in the SRM – Concluding remarks to the blog series on the Banco Popular case, by JTimmermans 11 Nov 202214 Nov 2022 Introduction The Banking Union, incl. the SRM framework, has been highly criticised by economists, politicians and legal experts for being considered flawed, incomplete and institutionally complex. This criticism is expected…
National/European law The General Court annuls an ECB decision for misapplying national law: Case T-502/19 Francesca Corneli v ECB, by M Markakis 8 Nov 20226 Nov 2022 On 12 October 2022, the General Court delivered its judgment in Case T-502/19 Francesca Corneli v European Central Bank. The case is particularly important for the European Banking Union, as…
Composite procedure The impact of the Banco Popular judgments on the institutional framework of the SRM and the SRB, by M Markakis 4 Nov 202221 Oct 2022 Notwithstanding its young age, the Banking Union has already given rise to a very large number of cases.[i] One need not peruse further than the latest posts featured on leading…
Composite procedure The non-delegation doctrine in the Banco Popular cases, by Merijn Chamon 28 Oct 20222 Nov 2022 Introduction The present blogpost will zoom in on how the Banco Popular judgments of the General Court (GC) have clarified the non-delegation doctrine commonly referred to as the Meroni doctrine.…
Composite procedure Taking Financial Risks Out of Property Rights Protection under Article 17 of the EU Charter of Fundamental Rights by Sabrina Praduroux 21 Oct 202221 Oct 2022 Judgments of the General Court in the Case T-510/17, Antonio Del Valle Ruíz and Others v European Commission and Single Resolution Board. The case stemmed from an action based on…
Composite procedure… Good administration for whom, by whom? The right to be heard and the right of access to files in resolution matters, by J Reichel 14 Oct 202213 Oct 2022 In all five cases on the Banco Popular resolution (T-481/17, T-510/17, T-523/17, T-570/17, and T-628/17), the applicants argued that their right to some aspect of good administration in Article 41 of the…
Accountability… Referential reasons-giving and the limits of Union Agencies’ power, by F Brito Bastos 7 Oct 20222 Oct 2022 Introduction On June 1st, 2022, the General Court delivered five much-anticipated rulings on the Banco Popular case. The rulings are gargantuan in length and raise numerous issues from the perspective…
Composite procedure Liability for the Resolution of Banks, by Phedon Nicolaides 30 Sep 20222 Nov 2022 Introduction The case law on the EU’s banking union is expanding rapidly. But like in any other nascent area of law, there are unsettled issues. Liability for the resolution of…
Composite procedure Composite procedures and judicial protection: in Fininvest and Silvio Berlusconi v. European Central Bank (T-913/16) the General Court delivers a “Pilate’s judgment”, by Andrea Magliari 27 Sep 202225 Sep 2022 The decision rendered by the General Court on 11 May 2022 in case T-913/16[1] marks an important (and yet not final) step in the Fininvest and Berlusconi judicial saga. Essentially,…
Agencies… The possibility of judicial review of the SRB’s resolution decision in Case T-481/17 Fundación Tatiana Pérez de Guzmán el Bueno and SFL v SRB, by R Lanceiro 23 Sep 202222 Sep 2022 On 1st June 2022, the General Court rendered its judgments in the five pilot cases on the Banco Popular resolution. These were much awaited because it was the first time…
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