scholarly journals State aid after the Banking Union: serious disturbance and public interest

2021 ◽  
Author(s):  
Phedon Nicolaides
Keyword(s):  
Public Interest ◽  
State Aid ◽  
Banking Union

15 The Operation of the Single Resolution Mechanism in the Context of the EU State Aid Regime

2016 ◽  
Author(s):  
Kokkoris Ioannis ◽  
Olivares-Caminal Rodrigo
Keyword(s):  
Crisis Management ◽  
Financial Stability ◽  
Banking Sector ◽  
Critical Appraisal ◽  
State Aid ◽  
Management Tool ◽  
Banking Union ◽  
The European Union ◽  
Single Resolution Mechanism ◽  
The Eu

This chapter addresses the initiatives of the European Commission to maintain the financial stability of the banking sector. It analyses the regulatory reforms on bank recovery and resolution introduced by the EU aimed at creating a Banking Union, and provides an overview of the Bank Recovery and Resolution Directive (BRRD) by taking into account the crisis management tool innovations. It also offers a critical appraisal of the Single Resolution Mechanism (SRM). The initiatives examined here are envisaged in a two-pronged approach: through the uniform rules of the Banking Union and in a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund (SRF) on one hand, and its interrelation with the state aid rules of the Treaty for the Functioning of the European Union (TFEU) on the other.

Competition and state aid rules in the time of banking union

2015 ◽  
pp. 89-124
Author(s):  
Ignazio Angeloni ◽  
Niall Lenihan
Keyword(s):  
State Aid ◽  
Banking Union

Part II The Notion of State Aid, 3 Criterion of Advantage

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
Public Interest ◽  
Economic Benefit ◽  
State Intervention ◽  
State Aid ◽  
Political Interest ◽  
General Interest ◽  
Legal Requirements ◽  
Public Authorities ◽  
Services Of General Interest ◽  
Economic Constraints

This chapter explores the notion of advantage, which is key in State aid law. To qualify a measure as State aid, an advantage should be established, that is, an economic benefit that an undertaking would not have obtained in the absence of State intervention. The notion of advantage crystallizes the distinct and complex issues raised in State aid law and reflects the difficulties in assessing a sound balance between political interest, economic constraints, and legal requirements. In this regard, the intervention of public authorities in economic transactions or the support for services of general interest is one of the ever-growing areas which leaves room for debate. The chapter then looks at the subtle issues of the market economy operator test and the services of public interest.

Competition Policy, Regulatory Architecture, and Public Intervention in the Crisis

2016 ◽  
Author(s):  
Xavier Vives
Keyword(s):  
United Kingdom ◽  
Competition Policy ◽  
Banking Sector ◽  
State Ownership ◽  
State Aid ◽  
Banking Union ◽  
The European Union ◽  
Public Intervention ◽  
The United Kingdom ◽  
Regulatory Architecture

This chapter examines the optimal design of the financial regulatory architecture and the relationship it should have with the competition policy authority. It first considers cases in the European Union and the developments since the adoption of banking union proposals, along with the reform in the United Kingdom since the 2007–2009 crisis. It then discusses public interventions in crisis and how competitive distortions of state aid and mergers induced by the crisis can be dealt with by competition policy. It also explores the consequences of state ownership and the performance of hybrid institutions such as savings banks as well as the state aid policy in the EU banking sector. The chapter goes on to assess the role of competition policy in addressing the too-big-to-fail (TBTF) problem before concluding with an analysis of the treatment of mergers in crisis situations, focusing on cases in Spain, the United Kingdom, and the United States.

scholarly journals Instytucja udzielania ulg w spłacie zobowiązań z tytułu należności wynikających ze zwrotu środków europejskich

Prawo ◽  
2017 ◽  
Vol 322 ◽  
pp. 89-100
Author(s):  
Anna Solner
Keyword(s):  
Public Interest ◽  
State Aid ◽  
The State ◽  
Business Activity ◽  
The Public ◽  
Intended Purpose ◽  
Tax Relief ◽  
Administrative Body ◽  
The Law

The institution of granting tax relief in the repayment of obligation resulting from the European funds refundThe purpose of this article is to indicate principles of granting tax relief in the repayment of obli­gations resulting from the European funds refund based on the administrative resolution given by the administrative body in cases when European funds disbursed as part of operational programmes were used contrary to its intended purpose, with violating procedures, charged undue or in the ex­cess height. The article distinguishes three types of tax relief: redemption in one piece or in part, postponing the repayment and spreading in instalments. It determines detailed principles of granting tax break for beneficiaries of not drivers of the business activity as well as for entrepreneurs, granted at the request of the beneficiary, as well as ex officio. The article is defining premises of granting these concessions i.e. the important interest of the taxpayer or the public interest. It is clarifying the principles of basing the administrative resolution on the administrative recognition and in case of entrepreneurs with reference to tax relieves constituting the state aid. The institution of granting concessions in the repayment is the exception from the principle of the universality and the equality of regulating these obligations. Irrespective of the entity initiating proceedings, relief can be granted only where justified, within the limits closely defined by the law. Granting it constitutes privilege of the beneficiary more than a rule.

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