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ARTICLE · 20 OCTOBER 2008

European Commission State Aid Guidelines on National Measures for Banks in Crisis

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Following the 12th October Eurogroup declaration, the European Commission (“Commission”) published on 13th October a new Communication on the application of state aid rules to measures by EU Member States in relation to financial institutions in the context of the current global financial crisis (“Guidelines”).

GermanyStrategy

Originally published October 16, 2008

Keywords: European Commission, state guarantees, recapitalization schemes, banking sector, financial institutions, EC Treaty

Following the 12th October Eurogroup declaration, the European Commission ("Commission") published on 13th October a new Communication on the application of state aid rules to measures by EU Member States in relation to financial institutions in the context of the current global financial crisis ("Guidelines").

General Rescue Schemes vs. Individual Rescue Measures

The Guidelines particularly address two specific instruments: state guarantees and recapitalization schemes. While the Commission in previous state aid decisions (e.g. Northern Rock, SachsenLB) analyzed and cleared guarantees and recapitalization measures for individual banks in difficulty under the Article 87 (3) (c) EC Treaty and its so-called Rescue and Restructuring Guidelines, the new Guidelines solely concern national programs for the

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