This article outlines the EU Commission’s approach to State Aid control in the context of the recent financial crisis. Especially with respect to State Aids granted to banking system, the A. draws on the Commission’s Communications (from the Community guidelines on State aid for rescuing and restructuring firms in difficulty (1994) to the Communication on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis («Banking Communication») and to the recent Notice on the notion of State Aid as referred to in the Article 107 (1) TFEU (2016)) and decisions (e.g. Banca Tercas (2015), and on EU case law (for example the Kotnik (CJ, 2016) and the ABN Amro Group (GC, 2014) cases) in order to highlight the high degree of consistency between the enforcement of 107 TFEU in that specific field and the general approach followed in the implementation of EU State Aid rules. In this regard, may be considered that the policy principles laid down in the «Banking Communication» (e.g. the condition of burden-sharing) revolve around the traditional principle of proportionality and, therefore, around the more specific principle that the amount of the aid should be limited to the minimum necessary; this, in turn, means that the beneficiary must make an appropriate contribution to the restructuring costs. In light of this, and considering the recent adoption of the Bank Recovery and Resolution Directive (2014/59/EU), it is submitted that, even in the scenario of the financial crisis and under the specific application of Article 107 (3) TFEU to State Aids to banking system, the EU Commission’s action aims at the full enforcement of the EU competition law, as the Treaties provide.
Le misure nazionali di sostegno al mercato bancario : un'applicazione à la carte della disciplina degli aiuti di Stato alle imprese? / D. Diverio. - In: DIRITTO DEL COMMERCIO INTERNAZIONALE. - ISSN 1593-2605. - 31:3(2017), pp. 603-633.
Le misure nazionali di sostegno al mercato bancario : un'applicazione à la carte della disciplina degli aiuti di Stato alle imprese?
D. Diverio
2017
Abstract
This article outlines the EU Commission’s approach to State Aid control in the context of the recent financial crisis. Especially with respect to State Aids granted to banking system, the A. draws on the Commission’s Communications (from the Community guidelines on State aid for rescuing and restructuring firms in difficulty (1994) to the Communication on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis («Banking Communication») and to the recent Notice on the notion of State Aid as referred to in the Article 107 (1) TFEU (2016)) and decisions (e.g. Banca Tercas (2015), and on EU case law (for example the Kotnik (CJ, 2016) and the ABN Amro Group (GC, 2014) cases) in order to highlight the high degree of consistency between the enforcement of 107 TFEU in that specific field and the general approach followed in the implementation of EU State Aid rules. In this regard, may be considered that the policy principles laid down in the «Banking Communication» (e.g. the condition of burden-sharing) revolve around the traditional principle of proportionality and, therefore, around the more specific principle that the amount of the aid should be limited to the minimum necessary; this, in turn, means that the beneficiary must make an appropriate contribution to the restructuring costs. In light of this, and considering the recent adoption of the Bank Recovery and Resolution Directive (2014/59/EU), it is submitted that, even in the scenario of the financial crisis and under the specific application of Article 107 (3) TFEU to State Aids to banking system, the EU Commission’s action aims at the full enforcement of the EU competition law, as the Treaties provide.File | Dimensione | Formato | |
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