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European Commission Warns Banking Regulators of Possible Discrimination

Regulators in European Union countries have until the end of the month to prove that they are not undermining fair market competition by treating domestic banks differently than those from other Union countries, the European Commission announced on Monday.

The Commission reminded them in a letter last Friday that the free movement of capital is one of the fundamental principles of the single market.

On Monday, officials from Brussels stated that on several occasions, regulators from certain countries acted independently and unilaterally imposed “allegedly excessive protective measures” on local branches of European banks from other EU member states.

-By taking such actions, supervisors from EU member states did not respect mandatory procedures, which require them, for example, to consult with regulators from other EU countries, also responsible for that banking group- the statement said.

Regulators must inform the Commission by the end of February about “current supervisory practices” so that it can “decide on any further steps if necessary.”

The Commission can refer EU member states to the European Court of Justice if it suspects, based on valid evidence, that they are violating European regulations, which could result in sanctions such as fines.

The European Banking Authority (EBA) will attempt to mediate among regulators before any legal proceedings are considered, EU officials said.

Last month, the Commission announced that it is investigating whether the German banking regulator BaFin restricts the free movement of capital by limiting money transfers within individual banks.

The Italian central bank reportedly complained to the European Banking Authority about this practice of the German regulator. The Italian banking giant UniCredit has a large subsidiary HVB in Germany.

The European Central Bank will become the main regulator for large lenders in the eurozone next year, which will help smooth conflicts among regulators within the eurozone, European officials note.