ABSTRACT
Since the early 1990s, bank failures in different EU countries have increasingly led to liability claims being directed against supervisory authorities. These have been for alleged negligence or improper conduct by these authorities in exercising their supervisory responsibilities over credit institutions. In general, these claims are introduced by depositors with the failed banks who, following the bank failure, have not managed to fully recover their deposits, as the latter are often only partially covered by deposit guarantee schemes. More exceptionally, liability claims originate from shareholders of the bank or the bank management itself, alleging unlawful conduct of the supervisory authority.
