ANCONA – Those who have no longer seen a euro of their savings after the collapse of Banca Marche will be able to have their compensation request re-examined to obtain compensation from the ministry. This was established by the Council of State in a recent ruling made known by the National Consumers Union with a pool of lawyers and which also includes savers from Cariferrara, Banca Etruria and Carichieti, Popolare di Vicenza and Veneto Banca. They are the citizens initially excluded from the savers’ compensation fund established by the Ministry of Economy and Finance (MEF) after the bank defaults which also affected the Marche region. About a hundred former customers who had entrusted the bank with significant sums, even close to 80 thousand euros, are speaking for the Marche institution. The Consumers’ Union had already obtained a victory at the TAR last year, but the ministry had appealed to the Council of State. Those excluded throughout Italy are around 5 thousand people who have never seen a euro again after the bankruptcies of the credit institutions. Having accepted the appeal, the Council of State readmits the savers whose request for compensation had been rejected for not having proven the existence of “massive violations”, a necessary requirement to obtain reimbursement.
«The shareholder/bondholder clearly indicated the massive violation and, even more importantly – explains the lawyer Canafoglia – he attached the relevant supporting documentation, but these circumstances were not considered by the technical evaluation commission. Now the way is open for compensation. The Council of State has put an end to the judicial dispute which pitted some shareholders and bondholders of Banca Marche against the MEF, recognizing the right actions of savers who have regularly justified their requests for reimbursement, citing well-founded massive violations. It should not be forgotten that these massive violations were also further confirmed with the sentence of the criminal court of Ancona, which sentenced the Bank’s top management to a total of 118 years in prison”. A conviction arrived at the first instance and for which the appeal has been set in Ancona for next September 13th. «The verification of such widespread non-compliance – continues Canafoglia – implemented by the credit institutions, should have led to the positive evaluation of the compensation requests. We now hope that the Mef will follow up on what was established by the Council of State, quickly recognizing the fair and due compensation also to these defrauded investors of the credit institutions placed in liquidation with the Save-Banks decree”. The other lawyers in the legal pool are Carlo Canafoglia and Salvatore Menditto.
