CASE COMMENTS: STATE AID – EUROPEAN UNION – BANKING SECTOR – IMPUTABILITY TO THE STATE – STATE RESOURCES

State ressources: The General Court of the European Union annuls a decision of the European Commission, which qualified as State aid a support granted by a consortium of banks to a bank in difficulty and considers that this support is not imputable to the State, nor financed by State resources (Banca Populare di Bari)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Tribunal's "Tercas" judgment is important in that it adopts a restrictive approach to the concept of State resources and the imputability of a measure to the State. It is to be compared with the Germany v. Commission judgment in case C-405/16 P delivered by the Court two days later (see commentary in this issue of the review Concurrences). To a lesser extent, it also recalls the inspiration of the Court's ENEA judgment. This case concerns the rescue of a bank by a private law banking consortium, under strict State supervision, by means of compulsory contributions from the sector. In 2012, on the proposal of the Bank of Italy, which had noted

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  • European Commission - Legal Service (Brussels)

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Bruno Stromsky, State ressources: The General Court of the European Union annuls a decision of the European Commission, which qualified as State aid a support granted by a consortium of banks to a bank in difficulty and considers that this support is not imputable to the State, nor financed by State resources (Banca Populare di Bari), 19 March 2019, Concurrences N° 2-2019, Art. N° 90451, pp. 137-139

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