Buoni fruttiferi postali. Arbitro bancario si adegua alla Cassazione. Fine del contenzioso

Buoni fruttiferi postali. Arbitro bancario si adegua alla Cassazione. Fine del contenzioso Con la Decisione n. 9321 del 26 settembre 2023 (1) il Collegio di Coordinamento dell’Arbitro Bancario Finanziario, non ha potuto fare altro che prendere atto delle ultime ordinanze della Cassazione in tema di Buoni Fruttiferi Postali della serie Q/P e, di conseguenza, modificare il suo precedente fermo orientamento, conformandosi alla giurisprudenza di legittimità

La decisione rientra nell’ambito del ben noto contenzioso seriale sorto in conseguenza del modo discutibile con cui era stata data attuazione alla pertinente normativa. Infatti era previsto che, per l’emissione dei Buoni della serie Q, Poste potesse servirsi dei moduli della precedente serie P, apponendo, sul retro di questi, un timbro recante i nuovi tassi. Il timbro utilizzato – qui sta il problema – esponeva solo i rendimenti relativi ai primi 20 anni di vita del buono, senza nulla indicare in merito agli interessi relativi all’ultimo decennio. Atteso che, però, una previsione di interessi era presente nel testo precedentemente stampato sui moduli, anche se relativa alla precedente serie P, nell’intento di sopperire a tale mancanza, l’Arbitro aveva ritenuto questi ultimi (interessi) applicabili fondando la sua tesi sul principio sancito dalla sentenza n. 13979/2007 della Cassazione. In sintesi, secondo il costante giudizio dell’Arbitro, per i primi venti anni si dovevano applicare i tassi evidenziati dal timbro modificativo apposto; per gli ultimi dieci, non si potevano applicare i tassi previsti dalla norma per la serie Q/P in quanto non riportati dal documento, ma quelli presenti su questo (relativi alla precedente serie P). Questo fermo indirizzo dell’Arbitro Bancario Finanziario è venuto, di recente, a scontrarsi con una serie di ordinanze – tutte conformi – (da ultimo, 1 giugno 2023, n. 22619, 1 settembre 2023, n. 25583, 18 settembre 2023, n. 26740) con cui la Cassazione mantiene immutata la propria impostazione nel senso di riconoscere al risparmiatore i minori interessi previsti dalla serie Q/P anche se non riportati sul documento. Questo “consolidamento dell’orientamento della Suprema Corte” – afferma l’Arbitro – impedisce ad esso di “ulteriormente mantenere ferma la propria diversa posizione” e gli impone di modificare il principio di diritto applicabile alla fattispecie in questione nel modo seguente:
“Il rimborso dei buoni postali emessi nel vigore del D.M. 13 giugno 1986 deve essere effettuato secondo le condizioni riportate nella tabella allegata al predetto decreto per i buoni della nuova serie ordinaria, anche nel caso in cui siano stati utilizzati i titoli della precedente serie P, con apposizione dei timbri di cui all’art. 5, 2° co., del decreto medesimo, ancorché non recanti i rendimenti per il periodo successivo al ventesimo anno previsti per la nuova serie ordinaria”

Il grande contenzioso dovrebbe essere (è) finito.

2 thoughts on “Buoni fruttiferi postali. Arbitro bancario si adegua alla Cassazione. Fine del contenzioso

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    Changing the grip, angle of pull or elbow position can change how the movement targets the muscle.
    With no particular warmup, Chris Bumstead jumps
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    I’ve all the time done sumo, Romanian, or standard deadlifts
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    This is why, in a bench press for example, the elbow must be directly beneath the wrist in order that drive is instantly utilized.
    There are dozens of workouts you can do for
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    Examine the tempo for each transfer in nice print subsequent to
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