Dissolution Of The Organs With Controlling And Administration Functions Of The Banca Popolare Di Spoleto S.p.a., In Spoleto, Vistele February 9, 2015 And # 657 Of Rulings # 966 Of February 26, 2015 With Which The Council Of State Annulled The Decree D. ..
Original Language Title: Scioglimento degli Organi con funzioni di amministrazione e dicontrollo della Banca Popolare di Spoleto S.p.a., in Spoleto, vistele sentenze n. 657 del 9 febbraio 2015 e n. 966 del 26 febbraio 2015con cui il Consiglio di Stato ha annullato il decreto d...
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The Minister of economy and finance [omitted], noted that the extraordinary administration procedure of the Banca Popolare di Spoleto S.p.a. is over on July 31, 2014 by returning the same to ordinary operations shall, after completion of a capital increase in the amount of euro centoquarantamilioni about, fully subscribed by Banco di Desio e della Brianza;
having regard to the judgments # 657 of February 9, 2015 and n. 966 of February 26, 2015 with which the Council of State, in earlier judgments of the TAR of Lazio, reform annulled the Decree of the Minister of economy and finance # 16 of February 8, 2013, accepting an appeal presented by some members of the company of the Banca Popolare di Spoleto S.p.a., removed with the same Decree;
given that both judgments have detected the defect of ultra vires for lack of investigation, considering that "the Minister of economy and finance, in sharing the findings and remedies contained in the proposal made by the supervisory authority would have to perform an investigation activities, in order to take cognizance of the permanence of the objective and subjective requirements necessary to activate the extraordinary administration procedure Despite the intervening change in the financial position of the Banca Popolare di Spoleto S.p.a. ";
having regard to the note of March 15, 2015 by which the Minister of finance requested the Bank of Italy wants to provide its own technical evaluations in light of the complaints made by the State Council; having regard to the note # 316571/15 of March 19, 2015, with which the Bank of Italy, provided that this does not imply acquiescence to cennate fully the contents of previous pronunciations, recalls proposal # 105750/13 of January 30, 2013, also confirms this in the light of further elements, and asks, in order to bring the work of the Administration to the Council of State, to reiterate "now for then" the ministerial decree that has the dissolution of the management and control bodies of the Bank Popolare di Spoleto S.p.a. and submits the same special administration;
[omitted] considered on the basis of the evidence found in the note of the Bank of Italy # 105750/13 of January 30, 2013, that against Banca Popolare di Spoleto S.p.a., resorted on February 8, 2013, under art. 70, comma 1, lett. a) and b), additional evidence provided by t.u.b. and that the Bank of Italy with 316571/15 note of March 19, 2015 confirm the existence of those assumptions at the date of February 8, 2013; considered that the elements resulting from the investigation carried out allow you to share the arguments made by the Bank of Italy with notes # 105750/13 of January 30, 2013 and n. 316571/15 of March 19, 2015, whose motivations are here fully invoked and implemented; withholding the opportunity to have the Special Administration of the Banca Popolare di Spoleto s.p.a, in purpose of protection of sound and prudent management of all intermediaries involved, given, in particular, the need to avoid any uncertainty regarding the stability of the relations in the meantime risen and continued, and in view of the above sentences;
placed, by Decree of April 20, 2015, melting bodies with administrative and control functions of the Banca Popolare di Spoleto S.p.a., based in Spoleto (PG), and the submission of the same to the extraordinary administration procedure under art. 70, comma 1, lett. a) and b) of Act b with effects as from February 8, 2013.
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