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The Commission’s Decisional Practice on State Aid to Banks: An Update journal article

François-Charles Laprévote, Mélanie Paron

European State Aid Law Quarterly, Volume 14 (2015), Issue 1, Page 88 - 116

This article is an update on the evolution of the European Commission’s decisional practice regarding State aid to banks in the financial crisis over the past few years, building on a previous analysis published in 2011. Since 2008, most Member States have provided some support to their banking system, which has allowed the Commission to exert an unprecedented control over the use of taxpayers’ money under State aid rules. In particular, individual restructuring or resolution plans have been used as a tool to foster the reform of the European banking system and anticipate the adoption and implementation of an EU-wide regulatory framework (the 'Banking Union') that was absent at the beginning of the crisis. This article is an overview of how this context has affected the implementation of State aid rules regarding the existence of aid, the compatibility of aid, the implementation of resolution plans, and the monitoring of the Commission decisions. Keywords : Banking, Financial crisis, Financial Services, EFSM, ESM.


A Missed Opportunity? State aid Modernization and Effective Third Parties Rights in State aid Proceedings journal article

François-Charles Laprévote

European State Aid Law Quarterly, Volume 13 (2014), Issue 3, Page 426 - 439

State aid procedure – in particular the limited participation of third parties in Commission investigations – has been the subject of intense scrutiny and controversy in the last decade. Despite the progressive emergence of principles in the European Courts case law and the adoption of the Procedural Regulation in 1999, the procedural regime is still not perceived as fulfilling the objectives of transparency and efficiency. While the new Procedural Regulation adopted


The (French) Postman Rings Twice in Vain: The Court of Justice upholds of the GC’s judgment in La Poste journal article

François-Charles Laprévote, Charlotte Emin, Florine Coupé

European State Aid Law Quarterly, Volume 13 (2014), Issue 4, Page 735 - 740

Annotation on the Judgment of the Court of Justice of the EU (First Chamber) of 3rd April 2014 in Case C-559/12 P French Republic v Commission

The La Poste case concerns the appeal brought by the French Republic against the 2012 GC decision,which found that the implied unlimited State guarantee granted by France in favour of La Poste, the state-owned French postal services provider, constituted State aid incompatible with the internal market. The Court


Selected Issues Raised by Bank Restructuring Plans under EU State Aid Rules journal article

François-Charles Laprévote

European State Aid Law Quarterly, Volume 11 (2012), Issue 1, Page 93 - 112

I. Introduction In the wake of the Lehman Brothers collapse and the subsequent financial crisis in October 2008, government interventions to rescue European banks have reached an unprecedented scale and put the European Union’s State aid control rules – as well as its Members States’ public finances – under considerable strain. Although each troubled financial institution faced specific issues, the causes and components of the financial crisis were sy


Reconciling Legal Certainty, Legitimate Expectations, Equal Treatment and the Prohibition of State Aids journal article

Antoine Winckler, François-Charles Laprévote

European State Aid Law Quarterly, Volume 10 (2011), Issue 2, Page 321 - 326

I. Introduction On October 14, 2010, the Court of Justice dismissed an appeal brought by two Italian companies, Nuova Agricast and Cofra against a judgment of the General Court in Joined Cases T-362/05 and T- 363/05. The General Court had rejected Nuova Agricast and Cofra’s damage claim in respect of losses allegedly suffered as a result of the Commission’s decision of July 12, 2000 not to raise objections against an Italian State aid scheme for

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