State aid to banks
Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/13.7.2:13.7.2 Has the commission consistently taken into account these relevant characteristics?
State aid to banks (IVOR nr. 109) 2018/13.7.2
13.7.2 Has the commission consistently taken into account these relevant characteristics?
Documentgegevens:
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS590605:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Toon alle voetnoten
Voetnoten
Voetnoten
Banco Gallego, SA.36500, 25 July 2013, para. 141. Also the cases of Banco de Valencia (para. 194), UNNIM Banc (para. 183) and Cajatres (para. 163-164) are characterised by a downsizing of the territorial presence.
T Bank, SA.34115, 16 May 2012, para. 56; Dunfermline, NN19/2009, 25 January 2010, para. 129-130. See also: LCCU, SA.34208, 26 September 2012, para. 64.
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Banks in the W-context are obviously characterised by downsizing. Most banks in the C-context committed to reduce the number of branches and employees. With respect to banks in the C-context, it is noteworthy that many core units were subject to these types of downsizing. This is illustrated by the cases of the Spanish banks in 2012. Many Spanish banks were downsized by means of a split up into a core unit and a non-core unit. A further downsizing (of the core unit) was achieved by the commitment in the restructuring plan that the number of branches and staff of the core unit would be reduced. The same holds true for the Portuguese banks (such as BPI).
Banks in the T-context are sometimes subject to a downsizing of their territorial presence. This is illustrated by the case of Banco Gallego, which was taken over by Banco Sabadell. The restructuring plan envisaged a downsizing of the territorial presence of combined entity:
“The Commission notes that one of the main provisions of the Restructuring Plan is the downsizing of the territorial presence of combined entity. The Commission considers that the downsizing planned by the Restructuring Plan is more than adequate since at least [10-20]% of the legacy network of Banco Gallego will be phased out. The Commission also takes note of the fact that the total number of employees of the former Banco Gallego will be reduced by at least [10-20]%”.1
In some cases in the T-context (and S/T/W-context), there is no downsizing of the territorial presence. This was the case with T Bank, Fionia Bank and Dunfermline. The Commission took into account the fact that these are small banks. When the transferred activities are very small, the Commission considers that the distortions of competition caused by the aid to the economic activities are limited.2 In those cases, there is a justification for not requiring a reduction of the branch network of the transferred activities.