Savers mocked by the collapse of Banca Marche, now even those excluded will be able to ask for compensation from the ministry and be compensated for the investment dating back to more than ten years ago and lost with the bank default. The possibility is opened by the Council of State to which the ministry appealed after the victory at the TAR of the National Consumers Union with a pool of lawyers and also including the savers of Cariferrara, Banca Etruria and Carichieti, Popolare di Vicenza and Veneto Banca. Several account holders were initially excluded from the savers’ compensation fund, the one established by the Mef, the Ministry of Economy and Finance, after the banking disasters that hit the Marche region and beyond. For the Marche institution, there is talk of at least 100 former customers who had entrusted the bank with significant sums, even close to 80 thousand euros.
The ruling of the Council of State follows the TAR where already in March 2023 the administrative judges had accepted the appeals of the shareholders and bondholders of the former Banca Marche, considering the refusals to reimburse affected by “violation of the law and excess of power for lack of investigation and motivation”. The TAR ordered the Mef technical evaluation commission and Consap spa to “conform to the decision adopted”. The latter, however, appealed to the CDS. The decision of the Council of State was made recently and it was made known by the lawyer Corrado Canafoglia, among the pool of lawyers for the National Consumers Union together with the lawyers Carlo Canafoglia and Salvatore Menditto, all of the Ancona bar.
The Council of State readmits savers whose request for compensation was rejected for not having proven the existence of “massive violations”, a necessary requirement to obtain reimbursement. Positions will be reviewed. “The shareholder/bondholder had clearly indicated the massive violation and, even more importantly – explains the lawyer Canafoglia – he had attached the relevant supporting documentation, but these circumstances were not considered by the technical evaluation commission. Such massive violations were was 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 first instance and for which the appeal has been set for 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 requests for compensation. It is now hoped 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 Bank Rescue decree”.
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