Judicial Review in the European Banking Union
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Judicial Review in the European Banking Union

Edited by Chiara Zilioli and Karl-Philipp Wojcik

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
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Chapter 23: JUDICIAL CONTROL OF RESOLUTION PLANNING MEASURES

Seraina Grünewald

Abstract

Legislators and regulators have placed much hope in the ability of resolution planning to ensure that banks can be resolved effectively and without undue collateral damage in case of their failure. To that end, EU law assigns far-reaching powers to resolution authorities and allows them to adopt measures that can be very costly for banks. This chapter explores the intricacies banks may face when seeking judicial control of resolution planning measures adopted under the SRM framework. It highlights the uncertainties surrounding jurisdiction, standing and the appealability of acts arising from the fact that resolution planning measures are the outcome of composite administrative procedures. In light of the technical complexities associated with the adoption of resolution planning measures, the chapter further argues that the standard applied by courts when reviewing such measures should be limited to manifest errors in assessment.

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