Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.9.2.2:3.9.2.2 Ad (iii): Preliminary rulings

Public funding of failing banks in the European Union (LBF vol. 19) 2020/3.9.2.2

3.9.2.2 Ad (iii): Preliminary rulings

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

National courts may make a reference for a preliminary ruling to the ECJ on the basis of Article 267 TFEU, if questions arise about the interpretation of the EU Treaties or on the validity and interpretation of a Commission decision.

In the Kotnik case the Constitutional Court of Slovenia requested for a preliminary ruling following applications for review of constitutionality of the law on the banking sector brought by private individuals, the National Council of Slovenia and the Slovenian Ombudsman.1

Another request for a preliminary ruling came from the Tribunal do Comércio de Lisboa in relation to the attempt by the Portuguese State to recover the unlawful aid from BPP. BPP and Massa Insolvente do Banco Privado Português held that Portugal’s claim had no legal basis, because the Commission’s decision in which it ordered the repayment of the unlawful aid was unlawful. On 5 March 2015, the ECJ concluded that there were no reasons to doubt the validity of the Commission’s decision in relation to the aid granted to BPP.2

The High Court of Ireland requested a preliminary ruling in legal proceedings between Mr Dowling c.s. and the Minister for Finance in relation to State aid granted to Permanent TSB, formerly known as Irish Life and Permanent Group, a bank operating in Ireland. The applicants in the main proceedings were members and shareholders of the holding company of Permanent TSB. The details of the case have been discussed in section 3.8.2.2.

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