Case C-414/18: Judgment of the Court (Grand Chamber) of 3 December 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Iccrea Banca SpA Istituto Centrale del Credito Cooperativo v Banca d’Italia (Reference for a preliminary ruling — Directive 2014/59/EU — Banking Union — Recovery and resolution of credit institutions and investment firms — Annual contributions — Calculation — Regulation (EU) No 806/2014 — Implementing Regulation (EU) 2015/81 — Uniform procedure for the resolution of credit institutions and investment firms — Administrative procedure involving national authorities and an EU body — Exclusive decision-making power of the Single Resolution Board — Procedure before the national courts — Failure to bring an action for annulment before the EU Courts in due time — Delegated Regulation (EU) 2015/63 — Exclusion of certain liabilities from the calculation of contributions — Interconnectedness of a number of banks)
Date: 2019-12-03
Institutions: Court of Justice
Subjects: EU banking union, bank, banking supervision, company in difficulties, credit institution, financial legislation, financing plan, group of companies, investment company, loan








C_2020036EN.01000702.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/7






Judgment of the Court (Grand Chamber) of 3 December 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Iccrea Banca SpA Istituto Centrale del Credito Cooperativo v Banca d’Italia
(Case C-414/18) (1)

(Reference for a preliminary ruling - Directive 2014/59/EU - Banking Union - Recovery and resolution of credit institutions and investment firms - Annual contributions - Calculation - Regulation (EU) No 806/2014 - Implementing Regulation (EU) 2015/81 - Uniform procedure for the resolution of credit institutions and investment firms - Administrative procedure involving national authorities and an EU body - Exclusive decision-making power of the Single Resolution Board - Procedure before the national courts - Failure to bring an action for annulment before the EU Courts in due time - Delegated Regulation (EU) 2015/63 - Exclusion of certain liabilities from the calculation of contributions - Interconnectedness of a number of banks)
(2020/C 36/09)
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Lazio

Parties to the main proceedings


Applicant: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo

Defendant: Banca d’Italia

Operative part of the judgment

Article 103(2) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council, and Article 5(1)(a) and (f) of Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements must be interpreted as meaning that liabilities that arise from transactions between a second-tier bank and the members of a grouping that comprises it and the cooperative banks to which it supplies various services, but where it does not control those banks, and that do not match loans granted on a non-competitive, not for profit basis, in order to promote the public policy objectives of central or regional governments in a Member State, are not excluded from the calculation of the contributions to a national resolution fund that are the subject of Article 103(2) of Directive 2014/59/EU.


(1)  OJ C 311, 3.9.2018.