Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/12.3.3
12.3.3 How is this relevant characteristic elaborated in the decisions?
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS584770:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Voetnoten
Voetnoten
For instance, the decision on OVAG (SA.31883, 19 September 2012, para. 113) indicates that “the restructuring costs are financed by proceeds from the divestments of stakes in profitable non-core entities (RZB, retail subsidiaries in Austria (already implemented in 2009-2010), VBLI)”. Another example is Dexia, C9/2009, 26 February 2010, para. 206. The restructuring plan of LBBW also envisaged the sale of units which were important for its business model; in other words: core activities. This made the Commission conclude that LBBW was making an important contribution to the restructuring costs. See: LBBW, 15 December 2009, para. 96.
In some decisions, it is clearly mentioned which entities are divested1, whereas in some other decisions, the entities to be divested are only referred to as “profitable non-core subsidiaries”. Another observation is that the decisions usually do not explain why these entities were chosen to be divested. In essence, the only important feature of these divestments is that they generate proceeds – there is thus no need to discuss other features.
In most decisions, the fact that the bank has made divestments is thus not very elaborated. The decisions only dwell on this relevant characteristic if the possibilities for burden-sharing are limited (see subsection 12.3.3.1), or if the divestment is not accepted as an own contribution (see subsection 12.3.3.2).
12.3.3.1 Limited possibilities for burden-sharing12.3.3.2 Divestments that are not accepted as an own contribution measure12.3.3.3 Intermezzo: the different purposes of divestments