'All Bad Things Must Come to an End': The Application of State Aid Rules to the New EU Regime for Bank Resolution. Issue 2 (April 2016)

• Record Type: Journal Article
• Authors: Nicolaides, Phedon
• Is Part Of: Maastricht journal of European and comparative law. Volume 23:Issue 2(2016)
• Page Start: 222
• Page End: 240
• Publication Date: 2016-04
• Subjects: bank resolution -- Single Resolution Board -- Single Resolution Mechanism -- state aid; Law -- European Union countries -- Periodicals; Comparative law -- Periodicals; 341.2422
• DOI: 10.1177/1023263X1602300202
• Languages: English
• ISSNs: 1023-263X

Abstract

This article examines the new EU rules on the resolution of banks and their conformity with Article 107 TFEU. Normally, state aid rules apply to national measures. However, EU law that came into effect on 1 January 2016 extended the application of state aid rules to the decisions and actions of the Single Resolution Board. This article argues that, although compliance with Article 107 TFEU by the Single Resolution Board will make its decisions more complicated, it will also bring about much needed uniformity in the resolution of banks across the EU.