Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.5.1:3.5.1 The procedural outline

Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.5.1

3.5.1 The procedural outline

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The State aid assessment by the Commission normally starts with the request of a Member State for approval to award State aid. Any State aid granted without the required prior approval of the Commission, is considered ‘unlawful aid’. Following a decision from the Commission, the Member State concerned should take all necessary measures to recover the unlawful aid from the beneficiary.1 In case of (alleged) unlawful aid, the Commission may initiate an assessment.2

EU law does not in itself determine the content of national State aid provisions, so that it remains for each Member State to determine the circumstances in which it wishes to grant State aid and the beneficiaries to whom this aid is to be granted.3 In granting State aid Member States have to comply with the State aid rules. How they do varies. In some Member States it is compulsory that all State aid measures are assessed by an independent authority for advice before they can be notified to the Commission, if needed. In many other Member States there are no official structures specifically in charge for organizing a policy in line with the State aid obligations.4

The assessment by the Commission of a State aid award notification by a Member State follows a two-stage procedure of preliminary examination and formal investigation.5

3.5.1.1 Preliminary examination3.5.1.2 Formal investigation3.5.1.3 Council assessment in exceptional circumstances

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