Abstract
[Autom. eng. transl.] Disputes relating to requests submitted by investors and shareholders against a supervisory authority (Bank of Italy and Consob) for damages resulting from the failure, inadequate or delayed supervision of banks and intermediaries are devolved to the jurisdiction of the ordinary judge, not highlighting the challenge of administrative powers, but of "dutiful" behaviors placed to protect savings that do not involve choices and authoritative acts, as these authorities are required to answer for the consequences of the violation of the behavioral rules of diligence, prudence and expertise, as well as the laws and regulations relating to the correct performance of supervisory activities, as an expression of the general principle of neminem laedere
Translated title of the contribution | [Autom. eng. transl.] On the liability for damages of the supervisory authorities (Bank of Italy and Consob). Cass., 27 October 2020, n. 23489 |
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Original language | Italian |
Pages (from-to) | 741-755 |
Number of pages | 15 |
Journal | GIURISPRUDENZA COMMERCIALE |
Volume | 2021 |
Publication status | Published - 2021 |
Keywords
- Responsabilità
- banking sector
- danni
- demages
- liability
- mercato bancario
- supervision
- vigilanza