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Posted by / 21-Aug-2017 22:27

For reasons of clarity and simplicity, the judgment could have been limited to two statements, one on the scope of Article 88, paragraph 1, under e) of CRD IV and one on the possibility for the home member State to set requirements going beyond those of the Directive.However, the stress put by the General Court on the good governance of credit institutions and investment firms shows that those new rules must be considered as of the utmost importance for credit institutions.

The General Court considered that the ECB also correctly applied Article 88 of Directive 2013/36/EU, which provides that the chairman of the management body in its supervisory function of a credit institution (such as the chairman of the board of directors) may not exercise at the same time, unless by express authorisation of the competent authorities, the function of chief executive officer in the same institution.

In essence, they argued that the ECB had not correctly interpreted the concept of ‘effective director’ by limiting it to members of the senior management with executive functions.

In its judgment, the General Court rejected the appeals of the four regional branches and confirmed the approach taken by the ECB.

The ECB has also supported the idea that CRD IV is, as a general rule, a directive of minimal harmonization and that the Home Member State of a credit institution is allowed to impose more stringent requirements, therefore.

This was the case here as French Law extended the incompatibility prohibition laid down in CRD IV to any executive mandate for the chairman of the board of directors within the same bank.

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