Judgment_paragraph 94 · European Commission v Anthony Braesch and Others (C-284/21 P)

94It follows that the Banking Communication is not capable of imposing independent obligations on the Member States, but does no more than establish conditions, designed to ensure that State aid granted to the banks in the context of the financial crisis is compatible with the internal market, which the Commission must take into account in the exercise of the wide discretion that it enjoys under Article 107(3)(b) TFEU. The Banking Communication is not therefore binding on the Member States and, in particular, cannot require them to adopt burden-sharing measures (see, to that effect, judgment of 19 July 2016, Kotnik and Others, C‑526/14, EU:C:2016:570, paragraphs 44, 45 and 70).