CASE COMMENTS: STATE AIDS – REDUNDANCY PAYMENTS – COMMITMENTS

Restructuring aid: The Court of Justice of the European Union considers that neither the Commission’s decision concerning the restructuring of a banking group nor Articles 107 TFEU and 108 TFEU, preclude the application, in proceedings relating to a collective redundancy that is within the scope of that decision, of national legislation under which the compensation payable to an employee whose dismissal is held to be unfair is set at an amount higher than the legal minimum (Iglesias Gutiérrez, Rion Bea)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The restructuring of the BFA Group Severely affected by the international financial crisis, the banking group Banco Financiero y de Ahorro (BFA) and its subsidiary Bankia were subject to a restructuring plan in 2012. This plan was notified to the Commission by the Spanish authorities in accordance with Article 108 TFEU. On 28 November 2012, the Commission adopted Decision C(2012) 8764 final, in which it found that the plan in question constitutes State aid but that, in view of the commitments made by Spain, it is compatible with the internal market under Article 107(3)(b) TFEU. These commitments, which are set out in a set of specifications annexed to the

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  • European Court of Justice (Luxembourg)

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Raphaël Vuitton, Restructuring aid: The Court of Justice of the European Union considers that neither the Commission’s decision concerning the restructuring of a banking group nor Articles 107 TFEU and 108 TFEU, preclude the application, in proceedings relating to a collective redundancy that is within the scope of that decision, of national legislation under which the compensation payable to an employee whose dismissal is held to be unfair is set at an amount higher than the legal minimum (Iglesias Gutiérrez, Rion Bea), 15 October 2015, Concurrences N° 1-2016, Art. N° 77909, pp. 157-158

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