Updated 07/09/2024
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Article 78 - Right to refuse recognition or enforcement of third-country resolution proceedings

Article 78

Right to refuse recognition or enforcement of third-country resolution proceedings

By way of derogation from Article 77(2), the relevant national authorities may refuse to recognise or to enforce third-country resolution proceedings in any of the following cases:

(a)

the third-country resolution proceedings would have adverse effects on financial stability in their Member State;

(b)

creditors, clearing members and, where applicable, their clients located in their Member State would not receive the same treatment as third-country creditors, clearing members and, where applicable, their clients with similar legal rights under the third-country home resolution proceedings;

(c)

recognition or enforcement of the third-country resolution proceedings would have material fiscal implications for their Member State;

(d)

the recognition or enforcement would be contrary to national law.