State aid to banks (IVOR nr. 109) 2018/6.7.1:6.7.1 Introduction

State aid to banks (IVOR nr. 109) 2018/6.7.1

6.7.1 Introduction

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As I have discussed in sections 6.3 to 6.6, the CJEU-definition is unsatisfactory and the Aristotelian formula is unfeasible. The CJEU-definition is unsatisfactory, because it does not go further than merely establishing that cases are different. The Aristotelian formula is unfeasible, because it is not possible to establish how different cases are. Therefore – as I have indicated in section 6.3.1 – I propose a different approach to the principle of equal treatment. My approach does not simply establish that bank State aid cases are different, it does not aim to find out how different bank State aid cases are; rather, it aims to find out in what respect bank State aid cases are different.

The starting point of my approach is the following. In order to establish that cases are different, it is important to first establish which differences should be taken into account. It goes without saying that only relevant differences should be taken into account. This leads to the question: which differences are relevant?

Relevant differences can only be based on relevant characteristics. If banks differ on certain characteristics, then those differences are only relevant if those characteristics are relevant. This leads to the question: which characteristics are relevant?

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