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 32: THE TRASTA KOMERCBANKA CASES: WITHDRAWALS OF BANKING LICENCES AND LOCUS STANDI

Giorgia Marafioti

Abstract

The issues underlying the Trasta case, although arising in the substantive framework of banking supervision, are not limited to such field but rather pertain to broader fundamental aspects concerning standing requirements to pursue a legal remedy in front of Union Courts. Confronted with the ultimate question of which parties, or representatives of parties, can bring an action for annulment under Article 263 TFEU, the Court of Justice interprets admissibility criteria in light of the right to effective judicial protection enshrined in Article 47 of the Charter.

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