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‘To Fail or Not to Fail?’ Online seminar

July 5, 2017 @ 1:00 pm – 2:00 pm Europe/Rome Timezone
FBF Online Platform
Jan Trevisan
+39 055 4685 802

This interactive online seminar discussed the circumstances under which a credit institution is deemed to be ‘failing or likely to fail’. But what does it take for an institution to be deemed failing or likely to fail? Who makes that assessment and how is it conducted? What are the possible courses of action for authorities? The seminar also recalled and further clarify that a resolution scheme is adopted by the Single Resolution Board (SRB) in relation to a credit institution when it assesses that three conditions for resolution are met cumulatively, namely:

  • The competent (supervisory) authority – i.e., the European Central Bank (ECB) for significant credit institutions or the National Competent Authority (NCA) for less significant ones – determines, after consulting the resolution authority, that the credit institution is ‘failing or likely to fail’,
  • Having regard to timing and other relevant circumstances, there is no reasonable prospect that its failure could be prevented within a reasonable timeframe by taking in respect ‘alternative private sector measures’ or any ‘supervisory action’, and
  • A resolution action is necessary in the ‘public interest’ (meaning that, if this condition is not met, the credit institution may not be resolved but must be wound up).
Lastly, the online seminar explored lessons learned from (and implications of) the first resolution scheme adopted very recently.

Speaker: Christos Gortsos (National and Kapodistrian University of Athens)

Christos Gortsos is Professor of Public Economic Law at the Law School of the National and Kapodistrian University of Athens. Other positions include Visiting Professor at the European Institute of the University of Saarland; Research Partner in the program ‘Financial Market Regulation’ at the University of Zürich; and, from late 2017, Fernand Braudel Senior Fellow at the European University Institute. He also has teaching assignments at the European Institute of the University of Zürich and at the European Law Academy in Trier and is a member of the Committee on International Monetary Law of the International Law Association. His main fields of teaching, writing and research are international, EU and public monetary and financial law, central banking law, financial regulation and institutional economics.


Commentator: Seraina Grünewald (University of Zurich)

Seraina Grünewald is assistant Professor for Financial Market Law at the Institute of Law of the University of Zurich. Previous positions include research appointments at the Institute for Financial Services of the University of Liechtenstein, the Program on International Financial Systems of the Harvard Law School, Yale Law School and Columbia Law School, as well as intern positions in the Financial Law Division of the European Central Bank and at the IMF. In 2012 she was awarded the Issekutz Prize of the Institute of Law of the University of Zurich for outstanding achievements in economic law and previously the prize for the best bar exam of the term by the Cantonal High Court of Bern.