Case Note: CJEU (Grand Chamber), Judgment of 19 December 2018, C-219/17, Silvio Berlusconi and Finanziaria d'investimento Fininvest SpA (Fininvest) v Banca d'Italia and Istituto per la Vigilanza Sulle Assicurazioni (IVASS)

Abstract

The topic of shared administration, or composite procedures, is one which has not only attracted considerable scholarly attention in the last years, but also come increasingly often to the attention of the Court of Justice. While the existence of composite procedures (definable as decision-making processes involving multiple jurisdictions participating at different moments and with different intensities) is not a new phenomenon and has virtually existed since the beginning of the project of European integration, it is in the last years that several interesting questions have been brought to the attention of the Court of Justice, with the aim of clarifying, in particular, the judicial implications of this system of administrative governance. Indeed, whereas the system of decision-making for the implementation of EU law is increasingly shared and composite in nature, the system of judicial protection has remained in principle anchored to a model based on domestic jurisdiction, whereby the court competent to review a certain administrative act or action is the court