Dokumente
Europa English Court of Justice of the European Union CJEU
21.06.2024
Abstract
Malacalza Investimenti and Malacalza v ECB
Case T‑134/21 Malacalza Investimenti Srl and Vittorio Malacalzav European Central Bank Judgment of the General Court (Tenth Chamber) of 5 June 2024(Non-contractual liability – Economic and monetary policy – Prudential supervision of credit institutions – Decisions taken by the European Central Bank (ECB) concerning Banca Carige – Articles 4 and 16 of Regulation (EU) No 1024/2013 – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Legitimate expectations –...
Case T‑134/21 Malacalza Investimenti Srl and Vittorio Malacalzav European Central Bank Judgment of the General Court (Tenth Chamber) of 5 June 2024(Non-contractual liability – Economic and monetary policy – Prudential supervision of credit institutions – Decisions taken by the European Central Bank (ECB) concerning Banca Carige – Articles 4 and 16 of Regulation (EU) No 1024/2013 – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Legitimate expectations – Conflict of interests – Proportionality – Equal treatment – Right to property – Plea of illegality)1. Economic and monetary policy – Economic policy – Supervision of the EU financial sector – Single Supervisory Mechanism – Powers of the European Central Bank (ECB) – Scope – Statements made by members of the board of directors of a credit institution subject to the supervision of the ECB on the soundness of that institution – Allegedly misleading nature of those statements – Obligation on the ECB to correct those statements – Not included(Council Regulation No 1024/2013, Arts 4 and 9)(see paragraphs 68, 69, 70, 72, 74)2. Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of law intended to confer rights on individuals – Meaning – Decision of the European Central Bank (ECB) appointing a temporary administrator to a credit institution under its supervision – Risk of a conflict of interest –...
Angaben ohne Gewähr. Stand: 21.06.2024