Dissolution Of The Organs With Administrative Functions And Control Of Credit And Services Cooperative Society, Spoleto Inspoleto, Having Regard To The Judgment Of February 26, 2015 # 966 With Which The Council Of State Annulled The Decree Of The Minis...
Original Language Title: Scioglimento degli Organi con funzioni di amministrazione e dicontrollo della Spoleto Credito e Servizi Societa' Cooperativa, inSpoleto, vista la sentenza n. 966 del 26 febbraio 2015 con cui ilConsiglio di Stato ha annullato il decreto del Ministro del...
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The Minister of economy and finance [omitted], noted that the extraordinary administration procedure of Credit and services Spoleto Societa ' Cooperativa ended on October 11, 2014 by returning the same to the ordinary account;
having regard to decision No. 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 # 17 of February 8, 2013, accepting an appeal filed by some corporate officers of a credit cooperative society Services Spoleto removed with the same Decree;
considered that the judgment disclosed the Vice 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";
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 # 316595/15 of March 19, 2015, with which the Bank of Italy, provided that this does not imply acquiescence to the army's pronunciation, invokes the contents of previous full proposal No 13 of January 30, 2013/105753 confirms it 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 Spoleto Credit and services Cooperative Society and submits the same special administration;
[omitted] considered on the basis of the evidence found in the note of the Bank of Italy # 105753/13 of January 30, 2013, that Credit and services towards Spoleto Societa ' Cooperativa, resorted on February 8, 2013, the details provided for by art. 70, comma 1, lett. b), 98, paragraph 2, lett. b) and 105, t.u.b. and that further evidence supplied by the Bank of Italy with note 316595/15 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 # 13 and # 316595 of January 30, 2013 105753//15 of March 19, 2015, whose motivations are here fully invoked and implemented; withholding the opportunity to have the extraordinary administration towards Spoleto credit and Services Societa ' Cooperativa, in purpose of protection of sound and prudent management of all intermediaries involved, considering in particular the need to avoid any uncertainty regarding the stability of the relations in the meantime risen and continued, taking into account the aforementioned judgments;
placed, by Decree of April 20, 2015, melting bodies with administrative and control functions of the Spoleto Credit and services company cooperative, based in Spoleto (PG), and the submission of the same to the extraordinary administration procedure under articles. 70, comma 1, lett. b), 98, paragraph 2, lett. b) and 105 t.u.b. with effects as from February 8, 2013.
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