13.11.2017

EN

Official Journal of the European Union

C 382/57

(Case T-641/17)

(2017/C 382/70)

Language of the case: Italian

Parties

Applicant: Claudio Ferri (Rome, Italy) (represented by: A. Campagnola, lawyer)

Defendant: European Central Bank

Form of order sought

The applicant claims that the Court should declare that there has been a failure to carry out the supervisory duties initiated by the note of 24 March 2017 for which, following an exchange of correspondence, the competent department of the ECB stated that it was not required to make provision, claiming that the issue relates to both self-protection and supervisory duties with regard to the adoption of standards for monitoring the conduct of Italian banks.

Pleas in law and main arguments

In support of his action, the applicant claims that the European Central Bank has not performed the supervisory duties incumbent on it with reference to the following:

—Failure promptly to enact the provisions implementing Legislative Decree No 72 of 2015 and subsequently to apply Legislative Decree No 385 of 1993, which has been deemed to continue to apply, in respect of another activity following on from the aforementioned failure by Banca d’Italia to enact those implementing provisions.

—Failure to order Banca d’Italia to initiate, within the State system, an adaptation of the legislation governing litigation in relation to the application of penalties.

—Failure to monitor the suitability of the criteria for assessing the efficiency of the banking system, which are currently clearly framed in relation to very complex and highly-structured banking institutions, and give no indication that they are flexible or in fact suitable.

—Unreliability of the criteria for assessing the appropriateness of Banca di Credito Cooperativo di Frascati’s activities, given that those criteria have clearly been designed and structured to provide an assessment of the appropriateness of a complex and highly-structured banking mechanism.