Courts uphold bank resolution framework and supervisory sanctions
A legal digest by Banca d'Italia reviews Banking Union case law from the first half of 2025. The publication details rulings by European Union courts, the Single Resolution Board Appeal Panel, and Italian apex courts on resolution contributions, bank failures, and supervisory sanctions.
Judicial backing for resolution contribution rules
The Court of Justice and General Court delivered key rulings on the Single Resolution Mechanism in early 2025.
In UniCredit Bank v SRB and Norddeutsche Landesbank v SRB, the General Court upheld the calculation method for ex ante Single Resolution Fund contributions, ruling that using confidential business data does not violate the duty to state reasons.
In de Volksbank v SRB, the General Court annulled an SRB contribution decision for failing to account for structural changes after a merger.
The Court of Justice dismissed appeals in Sberbank v SRB, confirming that indirect shareholders lack standing to challenge resolution schemes.
In Baltic International Bank v ECB, the court upheld a license withdrawal for anti-money laundering breaches.
National apex courts reinforce supervisory reach
Administrative review bodies and Italian courts addressed supervisory scope and governance duties.
The SRB Appeal Panel affirmed in Cases 3/2024 and 4/2024 that MREL calibrations can include national capital buffers.
In Italy, the Consiglio di Stato upheld Banca d'Italia's temporary administration over a bank with severe CLO reporting failures, finding intervention lawful even after capital was restored.
The Corte di Cassazione confirmed that supervisory fines under the Consolidated Law on Banking are administrative rather than criminal, enforcing board oversight duties.
Solid shield for supervisory discretion
The rulings give resolution authorities and supervisors solid legal cover against procedural challenges.
Judicial deference leaves banks with very narrow paths to contest contribution models or early interventions.
Only blatant factual oversights by authorities, such as ignoring corporate mergers, reliably succeed in court.