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In this article we examine a recent landmark case where the
European Court of Justice recognized that if a creditor challenges
a national banking resolution process on the grounds that it has
suffered damage, it should also have legal standing to bring a case
against the relevant State aid decision as these processes are
inextricably linked.
This may now provide a plausible route for creditors to attack
State aid approvals of bank resolution, something that has been
very difficult to date — despite the extraordinary damage
that such decisions do to creditors.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
