Single Rulebook Q&A

Question ID: 2015_2182
Legal act : Directive 2014/59/EU (BRRD)
Topic : Recovery and Resolution
Subject area: Resolution objectives and triggers
Article: 34
Paragraph: (3)
Article/Paragraph : n.a.
COM Delegated or Implementing Acts/EBA RTS/EBA ITS/EBA GLs: Not applicable
Subject matter : Interaction between the State aid framework and the application of resolution actions

Could you please clarify the interaction of the State aid framework and the application of resolution actions in the context of Article 34 (3) and Recital 47 of Directive 2014/59/EU (BRRD)?

Background on the question:

Article 34 (3) of Directive 2014/59/EU (BRRD) establishes the obligation of Member States to ensure that when exercising resolution actions the state aid framework is complied with, where applicable: ”When applying the resolution tools and exercising the resolution powers, Member States shall ensure that they comply with the Union State aid framework, where applicable.” The same view, i.e that the use of the resolution tools does not automatically qualify as state aid, is stated in Recital 47 of the preamble: ”When the use of the resolution tools involves the granting of State aid, interventions should have to be assessed in accordance with the relevant State aid provisions.

When analysing the BRRD provisions, it is however difficult to conclude / determine when the State Aid framework is applicable: Each resolution authority may have a different approach, thus leading to different regimes among Member States, as well as to potential delays in the application of resolution measures.

It would be necessary to clarify these issues before transposing Directive 2014/59/EU (BRRD) into national legislations.

Date of submission: 28/07/2015
Published as Final Q&A: 10/03/2017
EBA answer:

The criteria to determine whether the exercise of a resolution tool or power constitutes State aid are the same as for any other measure under the EU State aid framework, and the test for the Member State to notify that measure as aid to the Commission will be that of the general State Aid framework.

On a general level, contributions from the resolution fund (national or single resolution fund) are to be assessed under the State Aid framework.


This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Status: Final Q&A
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