Europa EU: Bulgaria must allow bank customers to access their money

25 September 2014

The EC is opening infringement proceedings against Bulgaria over the Deposit Guarantee Scheme Directive and a failure to comply with the principle of free movement of capital.

The Commission is sending a letter of formal notice to Bulgaria, the first formal stage in infringement proceedings. Bulgaria has until 15 October to respond.

The DGS Directive identifies three steps in the procedure to allow a deposit guarantee scheme to pay the claims of depositors:

• The competent authority is satisfied that a deposit which is due and payable has not been paid by a credit institution.
• Within five working days after this conclusion, the competent authority must determine whether the credit institution concerned appears to be unable for the time being, for reasons which are directly related to its financial circumstances, to repay deposits which are due and payable and to have no current prospect of being able to do so.
• The deposit guarantee scheme must be in a position to pay duly verified claims of depositors within 20 working days after the determination by the competent authority.

Under Bulgarian law, the deposit guarantee scheme is authorised to pay the claims of depositors against a credit institution only if the central bank has revoked the banking licence of the institution concerned. The DGS Directive contains no such requirement. The unavailability of deposits is sufficient to activate the deposit guarantee scheme.1 In the case in hand, the deposits have been unavailable for three months. Under general EU law principles, national authorities are required to apply the Directive in spite of contradicting provisions of national law.

As regards the Treaty principle of free movement of capital, the conservatorship imposed by the Bulgarian authorities on the banks concerned appears to constitute a non-justified and disproportionate restriction to the free movement of capital. The Commission notes in particular that the two banks have been put into conservatorship with a complete suspension of payments and bank activities even though the domestic law allows less intrusive measures, permitting a choice between full and partial suspension of payments and limitation of activities.

In addition, the Commission recalls that EU law takes precedence over national law. The relevant provisions of the DGS Directive, which are unconditional, sufficiently clear and precise, may under certain conditions confer rights on individuals and businesses. These rights can be enforced against the relevant bodies before a national court in order to obtain payments in respect of unavailable deposits according to Article 10(1) of the DGS Directive.

Press release

More details on the DGS Directive

© European Commission