Opposizione a sanzioni amministrative del direttore generale di una banca capogruppo: accesso agli atti, regole di responsabilità e oneri probatori

Abstract

The Italian Supreme Court, in its judgment here analyzed, appointed to take the decision on an appeal against the Bank of Italy’s penalties imposed to the general manager of a bank, following an inspection procedure (see art. 145 TUB). During this opposition proceeding, issues that arise concern, firstly, the legality of penalties when some inefficiencies — although not due to the administrative authority — could have compressed the right of defense. Secondly, the Court was set to decide on duties of the general manager of a parent-bank of a bank group, when a subsidiary is under inspection. Lastly, it was required to evaluate the highly controversial issue concerning the probative value of the Bank of Italy’s inspection reports.