With this issue of "Pandectae", the periodic review of European and national case law on the Banking Union continues, covering the first half of 2023. In addition to the usual rulings of the Court of Justice of the European Union, the issue further expands, compared to the previous ones, the spectrum of national court rulings analysed.
Like the previous issues, this one also consists of three parts. The first part contains the summaries of the judgments of the Court of Justice and the General Court of the European Union. The first ones deal with: a European Commission's decision not to raise objections to a State aid for the restructuring of a credit institution; the Commission's lack of liability for losses incurred by former shareholders of another credit institution; access to documents concerning the resolution of Banco Popular Español, S.A.; the exclusion of certain exposures to public sector entities for the purposes of calculating the leverage ratio. The second ones concern: the access to ECB's documents in the context of a procedure of withdrawal of authorisation prior to the relevant proposal of the NCA; a decision taken by the European Data Protection Supervisor vis-à-vis the Single Resolution Board.
The second part of the issue reports the case law of the SRB's Appeal Panel on some decisions concerning MREL and access to the same Board's files.
Finally, the third part collects the case law of the apical courts of Austria (Oberster Gerichtshof), on the issues of the liability of the State with regard to the supervisory activities of the FMA and the deposit guarantee schemes; Belgium (Conseil d'État), on the requirement of good repute of members of the management body of a supervised institution; France (Conseil d'État), on the partial conformity of an ACPR communication with EBA guidelines; Italy (Consiglio di Stato), on the temporary administration of credit institutions; and Portugal (Supremo Tribunal Administrativo), on the legality of the capitalisation and resolution measures of Banco Espírito Santo S.A. adopted by Banco de Portugal. The third part closes with an analysis of the decision of the arbitral tribunal constituted ad hoc according to UNCITRAL rules concerning the claims of several Mexican investors against Spain for acts and omissions of various Spanish institutions that allegedly accelerated the resolution of Banco Popular Español, S.A.
