Aiuti di Stato, crisi bancarie e ruolo dei Fondi di garanzia dei depositanti

With sentence of 19 March 2019, the European Court annulled the European Commission decision (EU) 2016/1208, issued with reference to the intervention of the FITD in favor of Banca Tercas. On the basis of the arguments proposed by the European judges with reference to the case in question, an attempt will be made to demonstrate how the thesis carried out by the Commission, aimed at decreeing the nature of State aid for the preventive interventions of the FITD, is vitiated both by some errors of interpretation of the normative fabric in which the story under examination is situated, both from the undue mixture of two distinct levels of functions and interests that, in the shared perspective of protecting savings, inevitably intersect. Starting from these considerations, the work also intends to offer some insights on the role and use that the 2014/59 / EU and 2014/49 / EU directives assign to Deposit Guarantee Schemes for purposes other than their own safeguarding the interests of depositors.