Transferul de credite neperformante potrivit dreptului concurenţial al UE - aspecte de drept comparat şi practică judiciară relevantă
The Transfer of non-Performant Loans under EU Competition Law - Comparative Law Issues and relevant Jurisprudence

Author(s): Alexandra Stănciulescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: non-performing loans; Member States; European Commission; competition law
Summary/Abstract: The subject of the present paper is one of current interest and the concerns regarding the nature of a non-performing loans transfer from the competition law perspective are becoming more frequent. In the financial crisis context, a series of important measures were adopted in the European Union in order to reinforce financial stability and to diminish the risk in the bank sector. If, from the financial-banking legislation perspective, the efforts to unblock the situation regarding the existence of a high ratio of non-performing loans in several member states were crystalized in concrete measures taken towards this, from the competition law perspective, these transactions remain under question because of the lack of a uniform practice among member states, but also because of the different interpretations given to the national legislation. The objectives of the present paper are to analyze the different existing aspects of comparative law and the relevant jurisprudence in order to observe what is the approach that the involved authorities from several European Union member states have on this matter.

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