CASE COMMENTS: STATE AID - EUROPEAN UNION - BANK IN DIFFICULTY - IMPUTABILITY TO THE STATE - STATE RESOURCES

State resources: The Court of Justice of the European Union confirms that a support granted by a consortium of banks to a bank in difficulty is not necessarily imputable to the State (Banca Popolare di Bari)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Court's judgment of 2 March 2021 dismisses the Commission's appeal against the judgment of the General Court in Tercas (Trib. EU, 19 March 2019, Italy, Banca Popolare di Bari (formerly Tercas Bank) and Others v Commission, T-98/16, T-196/16 and T-198/16, Concurrences No 2/2019). Following the conclusions of Advocate General Tanchev, it confirms both the annulment of the Commission decision at issue in this case and the restrictive interpretation of the concept of imputability of a measure to the State that the Court of First Instance had adopted at first instance. It establishes a change in the case-law which makes it more difficult to demonstrate that

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, State resources: The Court of Justice of the European Union confirms that a support granted by a consortium of banks to a bank in difficulty is not necessarily imputable to the State (Banca Popolare di Bari), 2 March 2021, Concurrences N° 2-2021, Art. N° 100550, pp. 129-131

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