Bank recovery and resolution: clarification of procedure for delivering documentation to Banka Slovenije

Following the CJEU judgment from the end of 2020, the National Bureau of Investigation (NBI) returned seized documentation and electronic media to Banka Slovenije in the early part of last year. A review of the material took several months, with the main delays coming in the process of returning and reviewing material that had been seized on electronic media. The reviews were conducted in the presence of both parties, namely Banka Slovenije and the NBI.

Banka Slovenije also reviewed which returned documentation contains information that is part of the ECB archives (and is consequently part of the EU archives, in accordance with CJEU judgment in case C-316/19). This brought a close to the procedure for returning the documentation in full.

The procedure was reopened by a new request by the NBI for the delivery of paper documentation. Banka Slovenije has submitted the requested documentation, which relates to the Slovenian environment (i.e. it does not contain ECB data), in full. Banka Slovenije is now awaiting a decision by the prosecution authorities as to which confidential information of the ECB they need for their investigation. When this procedure is complete, we will request an opinion from the ECB, in accordance with Decision (EU) 2016/1162 of the European Central Bank of 30 June 2016 on disclosure of confidential information in the context of criminal investigations (ECB/2016/19) (OJ L 192/73), as to whether there are reservations with regard to the submission of confidential information.