Master thesis “The liability of the European Union for bail-in measures: analysis of cases Kotnik and Ledra Advertising” firstly presents the development of the non-contractual liability of European Union institutions for breaches of European Union law through the case-law of the Court of Justice of the European Union.
It further aims to explain the bail-in measure. To this end, it presents how the bail-in measure developed on the European level and what are its actual consequences for shareholders and creditors of failing banks. This section additionally deals with the question of the conflict between the bail-in measure and the fundamental right to property.
The rest of the thesis focuses on the analysis of the implementation of the bail-in measure in Slovenian and Cypriot cases of bank resolution. For this purpose, it firstly presents the legal basis for the implementation of the bail-in measure in each of the two countries. The central part of the thesis is its fifth chapter, which consists of the breakdown of judgements of the Court of Justice of the European Union Kotnik and Ledra Advertising that were issued in the cases concerned.
The concluding chapter tries to answer the main research question of the thesis “what are the prospects of individuals, which suffered losses by means of implementation of the bail-in measure, to succeed with an action for damages against European Union?” In this regard, it concentrates on the prospects of individuals affected in Kotnik case in the light of the judgement in Ledra Advertising.