Meaning of “liability” in Article 60(2)(b)

The term "liability for damages" in Article 60(2)(b) BRRD refers only to the resolution authority’s liabilities that may rise for any wrongful exercise of the write-down power, recognised in an appeal challenging the legality of such exercise, vis-à-vis the holder of the relevant capital instrument or eligible liability. 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.