Special resolution regimes for credit institutions not covered by the Directive / partly resolved via insolvency

Member States are not prevented from setting up special resolution regimes, whether identical to or different than the BRRD regime, applicable to credit institutions that are not included in the scope of BRRD. As to the second sub-question, Member States must comply with Article 1(2) BRRD when devising their national insolvency regimes, under which institutions that are in scope of BRRD, deemed as failing or likely to fail, but whose resolution would not be in the public interest, will be liquidated. 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.