61In those circumstances, and having regard to the discretion referred to in paragraphs 55 and 56 above, it must be held that the third sentence of Article 17(1) of the Charter does not preclude national legislation, such as that at issue in the main proceedings, which does not contain any express provision ensuring that shareholders do not bear greater losses than they would have incurred if the institution had gone into liquidation at the date on which the resolution action was taken (the ‘no creditor worse off’ principle).
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