January 23
2022
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Dolores Utrilla
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3rd May 2021
Banking & Finance Internal Market Justice & Litigation

Analysis: “Clarification of exception to mutual recognition under Directive 2001/24 in light of judicial protection and legal certainty” by Laura Wissink

On 29 April 2021, the Court of Justice delivered its judgement in Banco de Portugal and Others (C-504/19). The case concerns the effects of two decisions adopted by Banco de Portugal on 29 December 2015 (the Decisions), which modified, with retroactive effect, the resolution measures adopted by Banco de Portugal in August 2014 with respect to Banco Espírito Santo (BES), in Spanish judicial proceedings. The background of the case is explored in this Insight by Dolores Utrilla and explained in this News Alert on EU Law Live.

Directive 2001/24 on the reorganisation and winding up of credit institutions establishes mutual recognition by Member States of reorganisation measures adopted by the administrative or judicial authorities of t

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