State aid to banks
Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/12.2.3:12.2.3 How is this relevant characteristic elaborated in the decisions?
State aid to banks (IVOR nr. 109) 2018/12.2.3
12.2.3 How is this relevant characteristic elaborated in the decisions?
Documentgegevens:
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS589422:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Deze functie is alleen te gebruiken als je bent ingelogd.
The way in which this relevant characteristic is elaborated differs among the decisions. In that regard, it should be kept in mind that the scenario analysis is performed by the Member State and only reviewed by the Commission. The restructuring plans are therefore much more detailed than the decisions. In the decisions, the details of the scenario analysis are only mentioned to the extent that they are relevant in that particular case.
In addition, it is useful to point out that the comparison with alternatives can appear at different places in the Commission decisions: in the description of the restructuring plan and in the assessment of the second pillar (burden-sharing).
To give an example: many Spanish banks were taken-over by other banks in Spain. In that regard, the Commission noted that the Spanish authorities had worked out liquidation and resolution scenarios built on different assumptions.1 The scenarios and underlying assumptions were described in the description-part of the decisions. In the assessment-part, the Commission concluded that since the costs in the orderly winding-down scenario would be higher, the amount of aid could be deemed limited to the minimum necessary.2