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Part B Merger, Reorganization, and Insolvency of Banks, 14 The Liability of the Regulator

From: The Law and Practice of International Banking (2nd Edition)

Charles Proctor

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 September 2020

Subject(s):
Regulatory liability of lenders — Bank supervision — European Central Bank

This chapter examines the potential liability of a regulator for negligent supervision of a failed institution and for certain other regulatory actions. It considers the consistency of immunity provisions with EU law; consistency of immunity provisions with the European Convention on Human Rights; the scope and effect of immunity provisions; and the cases on regulatory immunity which have arisen in common law jurisdictions.

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