State aid to banks
Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/6.10:6.10 Conclusion
State aid to banks (IVOR nr. 109) 2018/6.10
6.10 Conclusion
Documentgegevens:
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS592958:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Toon alle voetnoten
Voetnoten
Voetnoten
Under the CJEU-definition, the principle of equal treatment requires that comparable situations must not be treated differently and different situations must not be treated in the same way unless such treatment is objectively justified.
The Aristotelian formula requires that “like cases must be treated alike, and unlike cases unalike, proportionate to the differences between them”.
Deze functie is alleen te gebruiken als je bent ingelogd.
How can the principle of equal treatment be applied to bank State aid cases? The current chapter focussed on this fundamental question. To that end, the CJEU-definition1 and the Aristotelian formula2 were discussed. As I have set in the present chapter, I am of the opinion that the CJEU-definition is unsatisfactory and that the Aristotelian formula is unfeasible. I therefore propose a different approach towards the principle of equal treatment: the ‘relevant- characteristics approach’.
The ‘relevant-characteristics approach’ entails the following. Firstly, the Commission should asses in every bank State aid case whether the relevant characteristics are present in that case. In other words: the relevant characteristics should be consistently used as assessment criteria. Secondly, the Commission should elaborate the relevant characteristics in a consistent manner.
As set out in chapter 1, the aim of this PhD-study is to provide a framework which can be used to establish whether a bank State aid decision complies with the principle of equal treatment. Using the ‘relevant-characteristics approach’, this framework effectively consists of a list of relevant characteristics that the Commission should take into account.
Which relevant characteristics should be included on this list? In other words: which characteristics are relevant to the Commission’s assessment of bank State aid cases? Another crucial question is whether the Commission has consistently taken into account these relevant characteristics. The following seven chapters of this PhD-study will provide an answer to these questions.