To avoid detrimental effects on competition and on the internal market, it is necessary to lay down that in the case of alternative measures in insolvency, relevant bodies representing a credit institution, such as a liquidator, a receiver, an administrator or another body, or the relevant national authority should make arrangements for the marketing of the business of the credit institution or part of it in an open, transparent and non-discriminatory process, while aiming to maximise, as far as possible, the sale price. The credit institution or the relevant national authority, or any intermediary acting on behalf of that credit institution or relevant national authority, should apply rules that are adequate for the marketing of the assets, rights and liabilities that are to be transferred to potential purchasers. In any event, the use of Member State resources should remain subject to the relevant State aid rules under the Treaty on the Functioning of the European Union (TFEU), where applicable.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
