EBA · 2018_3802 Rejected question

Contextual limits to the ancillary power in Article 64.1.f) BRRD

Regulation
Directive 2014/59/EU (BRRD)
Article
64, para. 1
Topic
Resolution tools and powers
Submitted by
Individual
Submitted
2018-04-15

Question

Should the power in Article 64.1.f) BRRD be interpreted as limited by the context of the specific resolution tool used in the particular case?

Background

Article 64.1.f) BRRD grants the resolution authorities the capacity to modify or cancel the terms of contracts to which the institution under resolution is a party. Taken at face value, this would imply an overarching capacity of contractual modification. This could entail a potential conflict with other safeguards contained in BRRD, including the no creditor worse off principle. Considering that this is considered as an ancillary power, this would mean that it may only be used as an auxiliary to a resolution tool. In this regard, a contextual interpretation would avoid potential conflicts with other sections of the Directive; i.e. if the provision is considered to allow such power only within the framework, limitations and safeguards applicable to the main resolution tool which it accompanies.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2018_3802

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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