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At the same time, the SRB disclosed €90 million of contingent liabilities related to legal proceedings in EU and national courts, in which banks challenge their upfront (“ex-ante”) contributions to the Single Resolution Fund (SRF).
When a bank in the euro area fails, the Single Resolution Mechanism (SRM) aims to manage the resolution process with minimal negative impact on the real economy and the taxpayer. The SRB is the central player under this mechanism (together with the Commission and the Council), and oversees the SRF, which can support bank resolutions. The Commission stated that no applicants can have sustained a loss, given that the alternative course of action would have been the bank’s insolvency. It also underlined that any shareholder or creditor that would have received better treatment under national insolvency proceedings will be compensated from the SRF. The SRB is currently verifying whether there were any such cases.
“Contingent liabilities and provisions reflect the financial risks to which the SRB, Council and Commission are exposed,” said Ildikó Gáll-Pelcz, the ECA Member responsible for the report. “But at this stage, it is difficult to make any predictions concerning the outcome of the judicial proceedings for bank resolutions, mainly because of the complex and unprecedented situation.”