Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/13.2.4
13.2.4 Concluding remarks
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS588257:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
As was discussed in section 10.2, the aid intensity was used as an indicator for the soundness of the bank: if the aid was above 2% of the beneficiary bank’s RWA, then the bank was considered to be distressed, and consequently, a restructuring plan had to be submitted. The 2%-threshold lost its relevance after the First Prolongation Communication. Nevertheless, the aid intensity remained very relevant, since it was not only used as an indicator for the soundness of the bank; as is explained in the present section, the relative aid amount is also used as an indicator of the need for compensatory measures.
In its decisional practice, the Commission has consistently taken into account the (relative) amount of State aid (see subsection 13.2.2). This is in line with point 31 of the Restructuring Communication which clearly establishes that the amount of State aid is an assessment criterion.1