The Court of Auditors declares 'lack of jurisdiction' in the case of derivatives stipulated by the Treasury. A story for which the Attorney General asked for compensation of 3,9 billion from former ministers and ministry leaders. The contracts were deemed legitimate by the Court of Auditors ruling no. 346/2018 and, at the same time, unquestionable from the point of view of administrative decisions. 'One cannot' – reads the sentence – believe that the stipulation of the disputed derivative contracts constitutes the details of a violation of the law'.
Also 'the Court of Auditors can and should check compatibility administrative choices with the public purposes of the entity, but, in order not to go beyond the external limits of its jurisdictional power, once such compatibility has been ascertained, it cannot extend its control to the concrete articulation of the initiative undertaken by the public administrator, which falls within the ambit of those choices of merit which the law establishes as unquestionable”.
The former public debt manager was therefore acquitted Maria Cannata (assisted by lawyers Giuseppe Iannaccone and Riccardo Lugaro), the former general manager Vincent LaViathe former ministers Domenico Siniscalco and Vittorio Grilli, in addition to the Morgan Stanley bank (defended among others by Antonio Catricala'). At the center of the disputes was the inclusion in the contract with Morgan Stanley of a specific clause for early exit from derivatives, the ATE.
