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Compensation and Demolition Protection in the European Banking Regultation: The Jurisprudence of the European Courts

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  • Vittorio Santoro

Abstract

The work examines the jurisprudence of the European Court of Justice, the General Court and the European Court of Human Rights with particular reference to the issue of non-contractual liability of credit supervisory authorities and the action to cancel the decisions of the same authorities. Then, a paragraph is dedicated to the critical examination of the recent sentence of the Austrian constitutional court. The Verfassungsgerichtshof held that the European legal system establishes the principle that bank creditors have no subjective right to State liability because banking supervision is carried out exclusively in the public interest for the stability of the financial system.

Suggested Citation

  • Vittorio Santoro, 2023. "Compensation and Demolition Protection in the European Banking Regultation: The Jurisprudence of the European Courts," Banca Impresa Società, Società editrice il Mulino, issue 1, pages 21-40.
    • Handle: RePEc:mul:jqmthn:doi:10.1435/106484:y:2023:i:1:p:21-40
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