State aid to banks
Einde inhoudsopgave
State aid to banks (IVOR nr. 109) 2018/12.5.3.5:12.5.3.5 Write-down
State aid to banks (IVOR nr. 109) 2018/12.5.3.5
12.5.3.5 Write-down
Documentgegevens:
mr. drs. R.E. van Lambalgen, datum 01-12-2017
- Datum
01-12-2017
- Auteur
mr. drs. R.E. van Lambalgen
- JCDI
JCDI:ADS585881:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Mededingingsrecht / EU-mededingingsrecht
Toon alle voetnoten
Voetnoten
Voetnoten
Kaupthing Bank Luxembourg, N344/2009, 9 July 2009, para. 72.
Deze functie is alleen te gebruiken als je bent ingelogd.
As discussed in subsection 12.5.3.1, nationalisation can be achieved by a write- down: the shares are cancelled, while the State simultaneously injects new capital in the bank. There are also a few bank State aid cases in which the shares were cancelled, but without the State subscribing to newly issued shares. In the table in annex VIII, these cases are categorised under the heading “write- down”, while the bank State aid cases in which the shares were written-down in the context of a nationalisation are categorised under the heading “nationalisation”.
The case of Kaupthing Bank Luxembourg may serve as an example of a case categorised as a “write-down”. Kaupthing Bank Luxembourg was a subsidiary of the Icelandic banking group Kaupthing Bank. This is a case in the S/T/W- context: the bank’s activities in Belgium and Luxembourg were taken over by other banks, while all other assets were transferred to a SPV. As regards burden- sharing, the Commission noted the following:
“The restructuring plan provides that the Bank’s shareholder (that is to say the Icelandic parent company) must reduce its capital in the Bank to zero, with the result that it ceases to be a shareholder without receiving any compensation. To that degree, the Bank’s shareholder will have participated in the costs by absorbing the losses to the maximum extent of its capital”.1 [Italics mine, REvL]