Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/10.2.1
10.2.1 Introduction
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS590577:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
The article by Bomhoff, Jarosz-Friis & Pesaresi (2009) is very useful in that regard: this article provides seven scenarios to illustrate in which instances a restructuring plan is required. It should, however, be noted that this article was written in 2009, so before the adoption of the First Prolongation Communication and the 2013 Banking Communication.
The need to submit a restructuring plan in case of an ad hoc guarantee will not be discussed, for the following two reasons. First, guarantees are almost always granted in the contextof a guarantee scheme. And second, in the rare cases that a bank benefited from an ad hoc guarantee, the bank also benefited from other State aid measures and a restructuring plan was already required.
In most bank State aid cases, a restructuring plan was required: within a certain time period, the Member State had to submit to the Commission a restructuring plan for the beneficiary bank. However, there are also some bank State aid cases in which a restructuring plan was not required.1
Whether a restructuring plan is required depends on three factors: i) the type of State aid measure, ii) the question whether the aid was granted under a scheme or as ad hoc aid, iii) the Communications that were in force at the moment the aid was granted to the bank.
Subsection 10.2.2 will discuss whether a restructuring plan is needed in case of an ad hoc recapitalisation measure or an ad hoc asset relief measure, while subsection 10.2.3 will discuss the need to submit a restructuring plan in case of a recapitalisation scheme, asset relief scheme and guarantee scheme.2 In both subsections, the impact of the Communications on the need to submit a restructuring plan will be discussed. In addition, the tables in Annex IV pro-vide an overview of the compatibility-assessment and indicate in which instances a restructuring plan is required.