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How not to do banking law in the 21st century

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  • Tröger, Tobias

Abstract

The Judgement of the EGC in the Case T-122/15 - Landeskreditbank Baden-Württemberg - Förderbank v European Central Bank is the first statement of the European judiciary on the sub-stantive law of the Banking Union. Beyond its specific holding, the decision is of great importance, because it hints at the methodological approach the EGC will take in interpreting prudential banking regulation in the appeals against supervisory measures that fall in its jurisdiction under TFEU, arts. 256(1) subpara 1 and 263(4). Specifically, the case pertained to the scope of direct ECB oversight of significant banks in the euro area and the reassignment of this competence to national competent authorities (NCAs) in individual circumstances (Single Supervisory Mechanism (SSM) Regulation, art. 6(4) subpara 2; SSM Framework Regulation, arts. 70, 71).

Suggested Citation

  • Tröger, Tobias, 2017. "How not to do banking law in the 21st century," SAFE Policy Letters 56, Leibniz Institute for Financial Research SAFE.
    • Handle: RePEc:zbw:safepl:56
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    Keywords

    Banking Union; ECB; EGC; Landeskreditbank Baden-Württemberg; NCAs; SSM;
    All these keywords.

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