Third country resolution proceedings

The situation  you are describing in our view is accommodated by Directive 2014/59/EU (BRRD), and in such cases Article 2 (88) could be implemented broadly to capture it. The conditions for triggering resolution of the foreign  third-country holding company (parent undertaking) are established by the third country law, so there is no need for the foreign  third-country holding company to comply with Article 32  or Article 33 (for it to be considered to be failing) but with whatever comparable conditions  with the BRRD are provided by the law in question (they could be comparable with the conditions laid down in Article 33 for holding companies) . Also, Article 89 (1) of Directive 2014/59/EU (BRRD) allows the matter to be discussed in European resolution colleges if the third country parent has two or more subsidiaries / significant branches in the EU. Disclaimer: 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 .