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Resolution Litigation, Standing of Credit Institutions and the Iccrea Banca Judgment of the Court of Justice

For the fans of procedural law and litigation in Luxembourg, the Grand Chamber judgment in Iccrea Banca is an important development that deserves close attention. Although it deals with the highly technical subject of bank resolution and contributions to the Single Resolution Fund, it also concerns a principled issue about jurisdiction and standing that will have a lasting impact in other...

“Despite our Differences” – The Book

During the last four years, the blog “Despite our Differences” was a relevant source of comments and developments for the community of EU lawyers. It covered important events like Brexit, the Court’s growing case-law on fundamental rights, the rule of law crisis or the reform of the EU judiciary. Thousands of readers followed regularly the posts and shared them. Now that the...

The Trasta Judgment and the Court’s New Approach on Standing Requirements in Actions of Annulment in Banking Supervision

Today, in the case of Trasta Komercbanka (C-663/17 P, C-665/ P and C-669/17 P), the Court of Justice rendered a landmark decision in the field of standing requirements to bring an action of annulment The Court clarified the use of Article 47 of the Charter in the interpretation of Article 267, paragraph 4 TFEU, and it has also rejected the interpretation made by the General Court on the criterion...

National Law as a Point of Law in Appeals at the Court of Justice. The case of Crédit Mutuel Arkéa/ECB

Last week the Court of Justice rendered its decision in the case of Crédit mutuel Arkéa/ECB, the second appeal in a direct action against the ECB’s acts in the context of the Single Supervisory Mechanism (SSM). The case raises a rather technical issue on the scope of supervisory tasks of the ECB, in particular the exercise of supervision on a consolidated basis of institutions affiliated to a...

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