References to “the group” in Articles 6 (2) and (5)

Article 8 BRRD on the assessment of group recovery plans is very much focused on the procedural aspects leading to a joint decision. However, Article 8(1) BRRD also requires the consolidating supervisor to comply with the procedure(s) established in Article 6 BRRD. In that vein, Article 8(1) BRRD requires the consolidating supervisor to assess the extent to which group recovery plans satisfy the criteria laid down in Article 6 BRRD, which would also capture paragraph 2 of that article. As concerns Article 6(5) BRRD, reference to the parent of a group is relevant as it clarifies the need to notify groups in case deficiencies are identified. Disclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.