Proefschrift: Staatssteun aan banken

Proefschrift: Staatssteun aan banken

Van Lambalgen has written an inspiring dissertation about State aid to banks. As the subtitle of the dissertation indicates, Van Lambalgen has focused on the decisional practice of the Commission. This is not without reason: the European Commission plays a central role in State aid cases. Indeed, every State aid measure has to be authorised by the Commission before it can be implemented by the Member State. In the case of State aid to banks, the authorisation by the Commission is usually conditional upon the submission of a restructuring plan. This restructuring plan has to include restructuring measures (such as divestments, pricing restrictions and an acquisition ban). These restructuring measures are “tailor-made” and thus different per case. Indeed, banks are different and State aid measures are different; consequently, the restructuring measures are also different in each case. This explains why in certain cases far-reaching restructuring measures are imposed, whilst in other cases a much more lenient approach is taken. However, as Van Lambalgen argues, a tailor-made approach should not result in an arbitrary approach.