No. 105 - Pandectae. Digest of the case-law on the Banking Union

Legal research

IV. Jul-Dec 2023

by Raffaele D'Ambrosio, Francescopaolo Chirico, Leonardo Droghini and Giuseppe Pala
October 2025
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With this issue of 'Pandectae', the periodic review of European and national case law on the Banking Union continues, covering the second half of 2023.

Like the previous issues, this one also consists of three parts. The first part outlines the key points of three Court of Justice judgments and numerous General Court of the European Union decisions. The former concern the ECB's exclusive competence to withdraw banking authorisations, as well as the interpretation of the legal concepts of 'financial institution', 'credit institution' and 'authorisation' under EU law, for the uniform application of the CRD and CRR. The General Court's judgments, on the other hand, cover various topics, including the ECB's non-contractual liability when exercising its prudential supervision functions, irrevocable payment commitments used to fulfil the obligation to contribute to the Single Resolution Fund, the obligation to provide reasons for measures taken by the Single Resolution Board, the right to an effective remedy and defence rights of entities and shareholders subject to resolution, and the application of the no creditor worse off principle in relation to the resolution of Banco Popular Español.

The second part reports on a decision by the Single Resolution Board's Appeal Panel, which clarified important procedural and substantive aspects relating to cases where the Board adopts a new decision based on the Appeal Panel's opinion of the original decision following an appeal by the decision's recipient.

Finally, the third part contains the judgments of the highest national courts. In the absence of reports on interesting judgments issued in other EU jurisdictions during the period covered by the Quaderno, this issue only includes judgments from the italian Corte di Cassazione. These are of particular interest, especially given that the Court stated, only to contradict itself expressly in an August 2024 judgment, which will be covered in the corresponding Pandectae issue, that the bank's obligation to compensate third parties for unlawful acts constitutes a 'liability' transfer to the bridge institution in the context of a bank resolution, even if, at the time of the commencement of the resolution, that obligation was merely potential.

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  1. 13 October 2025
    No. 105 - Pandectae. Digest of the case-law on the Banking Union
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