32026R0808#rec_20Regulation (EU) 2026/808 of the European Parliament and of the Council

Recital (20)

When carrying out the public interest assessment, the Board should assess whether any of the resolution objectives would be at risk if the failing entity were wound up under normal insolvency proceedings. Resolution action should not be considered to be necessary in the public interest if none of the resolution objectives is at risk if the entity were wound up under normal insolvency proceedings. If at least one resolution objective is assessed by the Board to be at risk in the case of winding up under normal insolvency proceedings, the outcome of the public interest assessment should be negative only where the winding up of the failing entity under normal insolvency proceedings would achieve the resolution objectives not only to the same extent as resolution but more effectively.

Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.