Die Grenzen des Bail-in-Prinzips im europäischen Bankenabwicklungsrecht

Against the backdrop of the negative consequences of extensive public bank rescue measures in the crisis from 2007 onwards, the new bank resolution law has left little scope for supporting banks with public funds. On the other hand, the loss sharing of creditors has gained in relevance. The study shows how this bail-in jeopardises the initial objectives of resolution law and poses a risk to financial stability. The study catalogues the existing measures without loss participation of creditors and provides proposals for an extension. In addition to the deficits of the bail-in instrument, the study also focuses on the state aid dimension of these measures.