{"id":5348,"date":"2026-06-04T12:59:04","date_gmt":"2026-06-04T10:59:04","guid":{"rendered":"https:\/\/www.crccdlex.com\/?p=5348"},"modified":"2026-06-04T13:46:22","modified_gmt":"2026-06-04T11:46:22","slug":"newsletter-may-2026-pt-2-banking-financial-insurance-regulation","status":"publish","type":"post","link":"https:\/\/www.crccdlex.com\/en\/newsletter-may-2026-pt-2-banking-financial-insurance-regulation\/","title":{"rendered":"Newsletter May 2026 (pt. 2): Banking \/ financial \/ insurance regulation"},"content":{"rendered":"

1) Italian Supreme Court: on the violation of anti-money laundering obligations by banks<\/h4>\n

By judgment No. 13945\/2026, published on 13 May 2026, the Italian Supreme Court, Third Civil Section, ruled on the civil liability of a credit institution towards the bankruptcy proceeding for alleged violations of anti-money laundering legislation.<\/p>\n

The matter originated from the action brought by the insolvency administrator (curatela fallimentare<\/em>) of a company against a bank, which was charged with allowing the continuation of banking relationships notwithstanding the obvious anomalies in the transactions carried out by the shareholders of the company \u2014 from 2006 to 2010 \u2014 without reporting the suspicious transactions to the supervisory authorities, in breach of Article 3 of Legislative Decree No. 231\/2007.<\/p>\n

The Court reiterated that anti-money laundering legislation is primarily of a public law nature and that its breach does not in itself constitute an automatic source of civil liability towards the customer; however, the anti-money laundering rules may become relevant in relations between private individuals when they are incorporated into the content of the contractual banking relationship, giving concrete form to the duties of correctness and good faith under Articles 1175, 1375 and 1218 of the Italian Civil Code.<\/p>\n

In particular, the Court states that, where a bank has \u201cin practice ignored multiple and significant anomaly signals, such as to deviate substantially from the compliance model adopted\u201d<\/em>, effective civil liability of the bank itself may arise. Indeed, compliance with the anti-money laundering regulatory model must not remain a purely formal analysis: the compliance system \u201ccannot be of a formal nature […] but must be capable of effectively combating the phenomenon of money laundering in practice\u201d<\/em>.<\/p>\n

To access the decision, click here<\/a>.<\/p>\n

2) <\/a>New European rules on bank crisis management and depositor protection published in the EU Official Gazette<\/h4>\n

On 20 April 2026, two legislative acts significantly reforming the European framework for bank crisis management and depositor protection were published in the Official Gazette of the European Union.<\/p>\n

In particular:<\/p>\n