Judicial Review in the European Banking Union

Edited by Chiara Zilioli, General Counsel of the European Central Bank and Professor of Law, J.W. Goethe University Frankfurt, Germany and Karl-Philipp Wojcik, General Counsel of the EU Single Resolution Board and Lecturer of Law, Law Faculty, University of Bonn, Germany

‘With this edited volume, Zilioli and Wojcik, two esteemed experts in the area, present a very comprehensive, but tightly focused analysis of judicial and pre-judicial review mechanisms in the EU for the financial sector. By assembling a very useful set of tools for everyone involved in this field, the volume provides an essential support for further developing the new branch of litigation as a part of supranational administrative law.’

• Contents: Foreword by Lady Mary Arden xxiii1. European Banking Union: a giant step towards European integration and a challengefor judicial review 1Chiara Zilioli and Karl-Philipp WojcikPART I COMMON ASPECTS OF JUDICIAL REVIEW IN THE BANKINGUNION2. Democratic accountability within the framework of the SSM and the SRM as acomplement to judicial review 17Édouard Fernandez-Bollo3. Administrative pre-litigation review mechanism in the SSM: The Administrative Boardof Review 28Eleni Koupepidou4. Administrative pre-litigation review mechanism in the Single Resolution Mechanism(SRM): The SRM Appeal Panel 44Marco Lamandini and David Ramos Muñoz5. Private law in Banking Union litigation 59Matthias Haentjens6. Jurisdiction, locus standi and the circulation of judgments in the Banking Union 77Matthias Lehmann7. Composite procedures in the SSM and SRM – an analytical overview 97Filipe Brito Bastos8. Procedural and judicial implications of composite procedures in the Banking Union 114Vittorio Di Bucci9. The judicial review of discretion in the Banking Union: from ‘soft’ to ‘hard(er)’ look? 130Michael Ioannidis10. Procedural law requirements for conducting administrative procedures by the ECB andthe SRB 146Klaus Lackhoff11. Confidentiality and access to documents in the Banking Union 165Daniel Sarmiento12. Interim relief 194Emilie Yoo13. Banking Union and the Charter of Fundamental Rights 209Niamh Moloney14. The liability of authorities in supervisory and resolution activities 221Martina AlmhoferPART II SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THE SSMPILLAR OF THE BANKING UNION15. The application of national law by the ECB, including options and discretions, and itsimpact on the judicial review 236Andreas Witte16. Banking authorisations and the acquisition of qualifying holdings as unitary andcomposed procedures and their judicial review 251Giorgio Buono17. The investigatory powers, including on-site inspections, of the ECB, and their judicialcontrol 285Daniel Segoin18. The legal review of ECB instructions under Article 9 SSM Regulation 304Carmen Hernández Saseta19. The legal review of SSM administrative sanctions 316Raffaele D’Ambrosio20. The ECB’s regulatory powers, their scope and their judicial review 333Alberto de Gregorio Merino21. Close cooperation and aspects of judicial review 345Agnese PizzollaPART III SPECIFIC ASPECTS OF JUDICIAL REVIEW WITHIN THESRM PILLAR OF THE BANKING UNION22. Resolving a bank – judicial review with regard to the exercise of resolution powers 367Jens-Hinrich Binder23. Judicial control of resolution planning measures 395Seraina Grünewald24. The procedure to exercise investigatory powers, including on-site inspections, by theSRB and their judicial control 416Jakub Kerlin25. The judicial review of fines and penalty payments set by the SRB 429Leo Flynn26. Judicial review of the SRB’s contributions and fees decisions 443Myrte Meijer Timmerman Thijssen27. Judicial control of the interface between the ECB and the SRB in the SRM 461Anna Gardella28. State aid and bank resolution law before the Court 473Kathrin BlanckPART IV CASE NOTES OF THE FIRST BANKING UNION CASES INTHE GENERAL COURT AND IN THE ECJ29. A Prime for the SSM before the Court: the L-Bank case 494Antonio Luca Riso30. The Crédit Mutuel Ark.a case: central bodies and the SSM, and the interpretation ofnational law by the ECJ 504Francesco Martucci31. The Crédit Agricole cases: banking corporate governance and application of nationallaw by the ECB 510Christos V. Gortsos32. The Trasta Komercbanka cases: withdrawals of banking licenses and locus standi 521Giorgia Marafioti33. Silvio Berlusconi and William of Ockham: Entia non sunt multiplicanda sine necessitate –Case C-219/17 530Giovanni Bassani34. The VQ case T-203/18: administrative penalties by the ECB under judicial scrutiny 542Laura Wissink35. Overview on the litigation on the ‘ex ante contributions’ to the SRF: the strict standardof review adopted by the Court to ensure effective legal protection 551Concetta Brescia Morra and Federico Della Negra36. Public interest for resolution action in the light of the ABLV cases 564Audronė Steiblytė37. The VTB case: administrative penalties and administrative measures 571Jeanne PosciaIndex 579