Court of Palermo of 10/3/2021 (R.G. 3747/2021, Judge Turco) On the subject of compounding: "...In the present case, the lack of evidence of the written agreement excludes any legitimacy of the compounding applied in the relationship under examination, both before and after the entry into force of the new text of Article 120 of the Consolidated Banking Act, i.e. after the issue of the CICR resolution of 9.2.2000, which legitimised the provision of compounding on condition that the same periodicity was applied to the capitalisation of interest payable and payable. 120 of the Consolidated Banking Law (TUB), i.e. after the issuance of the CICR resolution of 9 February 2000, which legitimised its provision on condition of the application of equal frequency for the capitalisation of interest payable and receivable. Nor can a mere communication at the foot of an account statement subsequent to the aforementioned CICR resolution, concerning the bank's compliance with the condition, be of any assistance.…
Egregio collega,
Il testo integrale delle decisioni e l’archivio completo sono accessibili tramite il servizio di aggiornamento dell' Osservatorio giurisprudenziale di diritto bancario curato dallo Studio Cappuccio
