CASE COMMENTS : STATE AID − RESTRUCTURING AID - AID TO THE BANKING SECTOR - COMPATIBILITY ASSESSMENT ON THE BASIS OF ARTICLE 107 (3) B) TFEU - PROCEDURE OF PUBLIC SALE OF AN UNDERTAKING IN DIFFICULTY
Restructuring aid: The European Commission approves a series of restructuring aid of a Swedish bank relying on the fact that the accompanying measures consisted in the sale of the bank to a private third party according to a transparent and non discriminatory procedure (Carnegie)
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– Eur. Comm. dec. C(2010) 3124 of 12 May 2010, Sweden - Restructuring aid to Carnegie Bank, Case NN 18/2010
The decision, the non-confidential text of which has just been published on DG Competition's website, illustrates the specific approach, in the context of the banking crisis of a systemic nature, of the assessment of the compatibility of support measures in favour of financial institutions on the basis of Article 107(3)(b) TFEU.
The analytical framework on which the Commission bases its analysis is its Communication of 23 July 2009 on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis
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