1) Italian Supreme Court: solutory payments are to be identified on the adjusted balance

By order No. 27053/2026, published on 16 October 2026, the First Civil Section of the Italian Supreme Court ruled on the recovery of undue payments in bank current accounts.

The Court returned to the long-debated question of the balance to be used to identify solutory payments (rimesse solutorie) for the purposes of limitation, that is, whether reference should be made to the balance shown in the bank’s account statements (the so-called “bank balance”) or to the balance recalculated after eliminating unlawful debits (the so-called “adjusted balance”). Continuing its own line of case-law, the Italian Supreme Court reaffirmed that reference must be made to the adjusted balance, since the balances indicated by the bank, being based on void clauses, do not make it possible to distinguish the payments that are in fact solutory. The non-recoverability of payments already time-barred remains unaffected.

The Court further clarified that the action for recovery may also be brought while the relationship is still ongoing, provided that the payments were made on an “overdrawn” account or beyond the limit of the credit facility, and do not have a mere function of restoring the available funds. It is for the account holder to prove such payments and their undue nature, without prejudice to the account holder’s ability in any event to bring proceedings to have the clauses declared void and obtain the recalculation of the balance.

To access the decision, click here.

2) EBA: final technical package for release 4.4 of the reporting and Pillar 3 disclosure framework published

On 12 October 2026, the European Banking Authority (“EBA”) published the final technical package for the first phase of release 4.4 of its reporting and disclosure framework. The package is aimed at enabling the early application of IFRS 18-compliant reporting and at supporting the application of Pillar 3 disclosure requirements, reducing reporting costs for institutions and facilitating their compliance.

The package comprises the Data Point Model (“DPM”), the validation rules (for reporting requirements only) and the XBRL taxonomies, and covers, in particular:

  • Pillar 3 disclosure, with updated requirements on ESG risks, on equity exposures and on exposures to the shadow banking system, as provided for by the final draft implementing technical standards amending the relevant standards, as well as certain FRTB-related templates;
  • a new FINREP module on income and expenses, aligned with IFRS 18, to be used together with the related EBA opinion; the package also includes the templates for the European Central Bank’s data collection on the FINREP datapoints of less significant institutions, which will not be collected by the EBA;
  • technical amendments and corrections to the DPM and the taxonomy relating to resolution planning, MREL decisions and Pillar 3 disclosure templates, identified in the list of known DPM issues published by the EBA on 9 April 2026;
  • corrections to template E 09.02 on the liquidity reporting of third-country branches; and
  • the eligibility templates and the revised version of the templates supporting the Anti-Money Laundering Authority’s 2027 data collection for risk assessment.

The final package takes into account the feedback received on the draft published on 24 July 2026. The EBA has also updated the list of known DPM issues, the conversion file between the DPM 1.0 and DPM 2.0 glossaries and the FAQ published in November 2025.