European Banking Supervision in the Age of the ECB. Landeskreditbank Baden-Württemberg ‒ Förderbank v. ECB.

Abstract

The case raised in front of the EU Court of Justice by the Landeskreditbank Baden-Württemberg is the very first exercise of EU jurisprudence on matters concerning the new structure of EU Banking Supervision. Even if the case (decided, in May 2017, by the General Court - case T-122/15) is now being challenged in front of the ECJ, the decision of the General Court is rich, and full of implications. Due to the very new nature of the Single Supervisory Mechanism, and the number of issues it raises in various areas of EU Law (not limited to, strictly, Banking Law), the decision is an important cornerstone of European jurisprudence, as it offers the occasion to discuss and present some of the most important questions concern the SSM, such as the role of the ECB, the allocation of powers in banking supervision, as well as issues linked to wider profiles of EU Law (such as judicial review, role of the European Institutions, proportionality and subsidiarity, etc.).

Keywords: ECB, Landesbank, SSM, Banking Supervision