Berlusconi and another v Banca d'Italia and another

European Union – Approximation of national laws. Article 263 of the Treaty on the Functioning of the European Union should be interpreted as precluding national courts from reviewing the legality of decisions to initiate procedures, preparatory acts or non-binding proposals adopted by competent national authorities in the procedure provided for in arts 22 and 23 of Directive (EU) 2013/36 (amending Directive (EC) 2002/87 and repealing Directives (EC) 2006/48 and 2006/49), in arts 4(1)(c) and 15 of Council Regulation (EU) No 1024/2013 and in arts 85 to 87 of Regulation (EU) No 468/2014 of the European Central Bank. The Court of Justice of the European Union so held in a preliminary ruling in proceedings between the applicants and the Bank of Italy and the Institute for the Supervision of Insurance, Italy, relating to scrutiny of the acquisition of a qualifying holding in a credit institution.

Category: