The problem of early intervention measures preconditions in the italian banking system: between climax and synecdoche

Abstract

Pending the solution that the CJEU will take in the Corneli v. ECB case, the paper focuses on the interpretation of the requirements established for early intervention measures in Italian law, with reference to the relationship between the notion of ‹‹deterioration of the bank’s situation››, set out in Art. 69-octiesdecies, Consolidated Law of Banking (TUB), and the notion of ‹‹serious loss of assets›› referred to in Art. 70, TUB, despite knowing that the proposed amendment of the CMDI framework will probably solve the matter.