3.4.1 The Crisis Framework

State aid to firms in difficulty is normally assessed under the Rescue and Restructuring-guidelines (the “R&R-guidelines”). Accordingly, the first few State aid banking cases were assessed under these R&R-guidelines.1 However, the R&R-guidelines were not appropriate in a crisis situation, because they did not take into account the systemic effects of a bank failure. Therefore, on 13 October 2008, the Commission adopted the Banking Communication. This was the first of several Communications in which the Commission provided guidance. The other Communications were the Recapitalisation Communication, the Impaired Assets Communication and the Restructuring Communication. Together, these Communications constitute the Crisis Framework.2 In addition, the Commission adopted the First Prolongation Communication, followed by the Second Prolongation. As the name of these Communications indicate, these Communication prolonged the Crisis Framework. In 2013, the Commission adopted a new Banking Communication (the “2013 Banking Communication”) which replaced the original Banking Communication (now referred to as the “2008 Banking Communication”).