Providing IGFS pursuant to Article 19(3)

Article 20, 21, 22 as well as Article 25 of Directive 2014/59/EU (BRRD) only apply to the group financial support agreement, which is the agreement defined in Article 19(1) (the IGFS agreement). They cannot be applied by analogy to financial support that is provided on a case-by-case basis as set out in Article 19(3). Case-by-case financial support under Article 19(3) is also not subject to the substantive conditions in Article 23. As already stated in our response to the question on Article 19(2) ( Q&A 2581 ), making the provision of such financial support subject to such conditions would create legal uncertainty. No ex-ante or ex-post administrative procedure would exist to give clearance for such financial support. 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.