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Archive » April 2021 » The Tercas case and the judgement of the European Court of Justice

The Tercas case and the judgement of the European Court of Justice

Salvatore Maccarone
April 2021 - n. 4
Keywords: Banche, Corte di Giustizia europea, Tercas, fondi di tutela dei depositanti
Jel codes: G21, G33, K20

The judgment of the European Court of Justice concludes the troubled Tercas case by rejecting the Commission's appeal, confirming the judgment of the European Court of First Instance. It thus annuls definitively the measure by which the intervention of the Italian Depositor Protection Fund in favour of Banca Tercas had been declared unlawful by the Commission, since it was in breach of the State aid framework. The principles of interpretation which it has affirmed remain acquired under European law and are a valuable asset for the management of banking crises, the reform of European banking law and the desired launch of the European Deposit Insurance Scheme.

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