No. 109 - Pandectae. Digest of the case-law on the Banking Union

Legal research

VII. Jan-Jun 2025

by Raffaele D'Ambrosio and Giuseppe Pala
August 2026
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With this issue of 'Pandectae', the periodic review of European and national case law on the Banking Union covers the first half of 2025.

The section devoted to EU case law is largely dominated by litigation concerning ex ante contributions to the Single Resolution Fund (SRF). The General Court addressed issues relating to the duty to state reasons for decisions adopted by the Single Resolution Board (SRB), the protection of professional secrecy, the principles of proportionality and equal treatment, and the methodology used to calculate contributions, including the use of risk indicators, the binning method, and the consequences of unavailable data. Particular attention is devoted to judgments examining the effects of structural changes affecting contributing institutions significantly changing the risk profile of the institution, the relevance of participation in Institutional Protection Schemes (IPSs), the exclusion of certain liabilities from the calculation base, and the extent to which SRB decisions may produce retroactive effects.

In the area of bank resolution, the judgments examined helped clarify the limits of access to EU judicial review, the requirements of legal standing before the court, and the challengeability of acts adopted within resolution procedures, while confirming the central role of the European Commission's endorsement decision in relation to resolution schemes adopted by the SRB.

In the field of banking supervision, the judgments concern, in particular, the withdrawal of banking authorisations, the administrative review of ECB decisions, and the allocation of competences between national competent authorities and the ECB, including in cases involving alleged breaches of anti-money laundering and counter-terrorist financing rules.

The volume also analyses two decisions of the SRB Appeal Panel concerning MREL requirements.

Finally, the section devoted to national apex courts focuses on Italy. A judgment of the Consiglio di Stato examines the procedural requirements and safeguards applicable to temporary administration and early intervention measures, while a substantial body of case-law from the Corte di Cassazione addresses sanctions imposed by the Banca d'Italia, highlighting well-established principles relating to the liability of senior managers, the administrative nature of supervisory sanctions, and the powers of the banking supervisory authority.

Full text

  1. 15 September 2026
    No. 109 - Pandectae. Digest of the case-law on the Banking Union
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    VII. Jan-Jun 2025