Public funding of failing banks in the European Union
Einde inhoudsopgave
Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.3.1:3.3.1 Intervention by a Member State or through Member State resources
Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.3.1
3.3.1 Intervention by a Member State or through Member State resources
Documentgegevens:
mr. M. Louisse-Read, datum 01-06-2020
- Datum
01-06-2020
- Auteur
mr. M. Louisse-Read
- JCDI
JCDI:ADS213729:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Staatssteun (V)
Toon alle voetnoten
Voetnoten
Voetnoten
GC, 19 March 2019, T-98/16, T-196/16 and T-198/16, ECLI:EU:T:2019:167 (Italy, Banca Popolare di Bari and Fondo interbancario di tutela dei depositi v Commission), par. 70. Louisse JOR 2019-2.
EC Notice on the notion of State aid, point 38.
Deze functie is alleen te gebruiken als je bent ingelogd.
The first condition that should be met in order for a measure to qualify as State aid, is that the measure should be an intervention by a Member State or through Member State resources. In addition, the measure should be imputable to the Member State involved. The granting of an advantage directly or indirectly through State resources and the imputability of such a measure to the State are two separate and cumulative conditions for State aid to exist.1 However, they are often considered together when assessing a measure under Article 107(1) TFEU, as they both relate to the public origin of the measure in question.2
3.3.1.1 State resources3.3.1.2 Imputability3.3.1.3 Qualification of support measures in the banking sector as State resources imputable to a Member State