(10)

in Article 9, paragraphs 2 and 3 are replaced by the following: ‘2. Without prejudice to rights they may have under national law, DGSs that make payments under guarantee within a national framework shall have the right of subrogation to the rights of depositors in winding-up or reorganisation proceedings for an amount equal to the payments made by those DGSs to those depositors. DGSs that make a contribution in the context of the resolution tools referred to in Article 37(3), point (a) or (b), of Directive 2014/59/EU, or in the context of measures taken in accordance with Article 11(5) of this Directive, shall have a claim in winding-up proceedings against the residual credit institution for an amount equal to their contribution. That claim shall rank at the same level as covered deposits under national law governing normal insolvency proceedings in accordance with Article 108(1) of Directive 2014/59/EU. 3. Member States shall ensure that depositors whose deposits have not been repaid or acknowledged by the DGS within the deadlines laid down in Article 8(1) and (3) can enter a claim against the DGS for the repayment of their deposits within five years of the date on which a relevant administrative authority makes a determination as referred to in Article 2(1), point (8)(a), or a judicial authority makes a ruling as referred to in Article 2(1), point (8)(b).’ ;

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

← (b) · All articles · (11) →

Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.