The EU Court of Justice considers the compatibility of the bail-in provisions in the 2013 banking communication with the principle of proportionality (Kotnik)

Bank rescue in the European Union. From bail-out to bail-in* States have traditionally faced banking crisis through the so-called bail-out tool: public resources have been used for a long time in order to rescue banks, putting the burden on public finance, thus on taxpayers. Actually, this is what still happens in the most part of the world, but not in the European Union (EU). The bail-in tool to reduce State aids Since the beginning of the crisis in 2007-2008, the European Commission (Commission) has adopted special rules for the rescue of banks, providing guidance on the use of bail-out principles but without any precise exit strategy. In particular, those special provisions were based on Art. 107(3)(b) TFEU, the derogation provided by EU Treaties to the prohibition of State aid

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Irene de Angelis, Jacques Moscianese, Stefano Lucchini, Fabrizio Di Benedetto, The EU Court of Justice considers the compatibility of the bail-in provisions in the 2013 banking communication with the principle of proportionality (Kotnik), 19 July 2016, e-Competitions Bulletin July 2016, Art. N° 80856

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