{"id":6094,"date":"2026-11-05T14:54:07","date_gmt":"2026-11-05T13:54:07","guid":{"rendered":"https:\/\/www.crccdlex.com\/?p=6094"},"modified":"2026-11-05T14:54:07","modified_gmt":"2026-11-05T13:54:07","slug":"newsletter-october-2026-pt-2-banking-financial-and-insurance-regulation","status":"publish","type":"post","link":"https:\/\/www.crccdlex.com\/en\/newsletter-october-2026-pt-2-banking-financial-and-insurance-regulation\/","title":{"rendered":"Newsletter October 2026 (pt. 2): Banking, Financial and Insurance Regulation"},"content":{"rendered":"

1) Italian Supreme Court: solutory payments are to be identified on the adjusted balance<\/h4>\n

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.<\/p>\n

The Court returned to the long-debated question of the balance to be used to identify solutory payments (rimesse solutorie<\/em>) for the purposes of limitation, that is, whether reference should be made to the balance shown in the bank\u2019s account statements (the so-called \u201cbank balance\u201d) or to the balance recalculated after eliminating unlawful debits (the so-called \u201cadjusted balance\u201d). 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.<\/p>\n

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 \u201coverdrawn\u201d 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\u2019s ability in any event to bring proceedings to have the clauses declared void and obtain the recalculation of the balance.<\/p>\n

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

2) EBA: final technical package for release 4.4 of the reporting and Pillar 3 disclosure framework published<\/h4>\n

On 12 October 2026, the European Banking Authority (\u201cEBA<\/strong>\u201d) published the final technical package<\/a> 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.<\/p>\n

The package comprises the Data Point Model (\u201cDPM<\/strong>\u201d), the validation rules (for reporting requirements only) and the XBRL taxonomies, and covers, in particular:<\/p>\n