Unlimited Liability of State-owned Banks under the EC-Rules of State Aids

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A. Statement of the issueB. Institutional burden and guarantor liability as organizational concept of commercially active public institutions -- I. Financial institutions under public law in the German banking system -- II. Institutional burden and guarantor liability as structural characteristics of public commercial activity -- III. Guarantor liability and institutional burden as a consequence of the administrative organizational discretion of the state -- IV. Deposit protection systems and bank supervision in Germany -- C. Applicability of Article 92 EC Treaty -- I. The concept of subsidies -- II. Control measures of subsidy supervision -- III. Applicability of Article 92 EC Treaty to public companies -- D. Institutional burden and guarantor liability as a subsidy? -- I. Sureties or guarantees as subsidies even in the absence of an actual case of liability -- II. Guarantor liability and institutional burden as liability by virtue of organization -- III. Subsidy law and property right -- IV. Unlimited assumption of liability as common market behavior of a private investor? -- V. Institutional burden and guarantor liability as the expression of financing responsibility under corporate law -- E. Institutional burden and guarantor liability as subsidies by virtue of refinancing advantages? -- I. Presence of an economic benefit -- II. The assumption of unlimited liability as a common market form of financing for a private investor -- III. Proof and quantification of a benefit -- IV. Conclusions -- F. Actual contributions of capital as a subsidy? -- I. Differentiation between the existence of and the execution of institutional burden -- II. Actual contribution of capital in a crisis situation -- III. Continuance of institutional burden in a crisis situation -- G. Special features of the banking sector: Compatibility of subsidization “to relieve a major economic disturbance” (Art. 92,3(C)) -- I. Major economic disturbance -- II. Special features of the banking sector -- H. Distortion of competition and impairment of international trade -- I. Distortion of competition -- II. Impairment of international trade -- I. Summary -- I. Institutional burden and guarantor liability as subsidies? -- II. Institutional burden and guarantor liability as subsidies by virtue of refinancing advantages? -- III. Actual contributions of capital as subsidies? -- IV. Special features of the banking sector: Compatibility of subsidization “to relieve a major economic disturbance” (Art. 92,3 (c) EC Treaty)?.

10.1007/978-3-642-95858-8 [DOI]

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