Skip to content
Friday 14 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE
MorningWire

European business, markets and politics

FTSE 100
10,750.11
-0.21%
DAX
26,440.31
+0.53%
CAC 40
8,636.80
-0.16%
STOXX 50
6,539.59
-0.09%
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
More
GermanyFranceBankingAIEnergyFintechPropertyCapital Markets
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
  • DE
Thursday 20 November 2014 4:35 am  |  Updated:  Friday 07 June 2019 5:25 pm

The European Court of Justice has dealt a blow to George Osborne’s banker bonus cap challenge

By: Jessica Morris

Add as a preferred source on Google

The European court should reject George Osborne's challenge to the EU's cap on banker bonuses, according to one of its senior advisors.

Niilo Jääskinen, an advocate general at the European Court of Justice's (ECJ), has said that all the UK’s pleas should be dismissed and that the action should be scrapped.

He said that the caps were legal because they did not limit the total pay received by bankers:

Fixing the ratio of variable remuneration to basic salaries does not equate to a “cap on bankers bonuses”, or fixing the level of pay, because there is no limit imposed on the basic salaries that the bonuses are pegged against.

While today's assessment is not binding the ECJ tends to follow the opinion of its advocate generals. A final decision is not due until after 2015, but by this time some bonuses would have already been paid.

Rob Moulton, a regulatory partner at Ashurst said:

While this is not necessarily the end of the UK's challenge, it doesn't give the UK much hope of success when the Court hands down its decision early next year.  Some may even say it’s a clear indication of the likely winner in the power struggle between the EU and the UK.

Brussels' cap limits banker bonuses to the same level as their salary, or twice their salary upon shareholder approval.

This is being challenged by the Treasury on fears the cap will push up actual salaries and undermine the new system of deferment and clawback, which try to gear bankers towards long-term stability. 

Paying higher salaries gives banks less financial leeway during downturns, as slashing bonuses to cut costs is not an option, the British government argues.

A HM Treasury spokesperson said:

The government notes the Advocate General of the European Court of Justice's Opinion on our legal challenge against the EU 'bonus cap'.

We are considering the Opinion and its implications in detail.

Bankers' salaries, and not just their bonuses, should be docked if they break the rules, Bank of England governor Mark Carney said on Monday. He was speaking in the wake of the £1.1bn fines for bank's part in the forex rigging scandal.

Five banks – UBS, RBS, Citigroup, HSBC and JPMorgan Chase – are preparing to take back millions of dollars worth of traders' bonuses, according to a report by the FT.

In October the European Banking Authority found that new types of allowances paid to bankers actually breached the disputed bonus cap, and said that they had to be changed by the end of this year.

Moving forward, some commentators expect the debate to focus on this. Jean-Francois Gerard, a lawyer at Freshfields said:

The EBA and the EU Commission have already said they don’t like “fixed” or “role-based” allowances, which some banks introduced, so the debate is likely to now move from arguing about the validity of the cap to arguing about the validity of new practices such as these allowances.

 

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business

Related Topics

  • City bonuses
  • employment and wages
  • George Osborne
  • People
  • UK jobs

Trending Articles

  • Revolut takes flight with launch of new airport lounges

  • Grandparents fund university degrees to avoid inheritance tax net

  • Brompton Bicycle sues former adviser for ‘professional negligence’

  • Revolut chatbot goes rogue by charging users to cancel subscription

  • It’s not just Jason Arday, most of sociology is a scam

More from Morning Wire

  • Fifa accused of bullying in attempt to kill off multi-billion class action claim

    Sport Business
    Getty Images news-related image depicting a significant event or person, suitable for general news and business contexts.
  • Mahmood called for banker bonus tax to fix youth unemployment 

    Banking
    Shabana Mahmood wearing a stylish black jacket, embodying professional elegance in a business setting
  • Bayer Leverkusen and RB Leipzig face ownership shake-up after 50+1 ruling

    Sport Business
    Two male soccer players, one in blue and one in white/red, vie for the ball on a green field.
  • Mishcon de Reya hikes junior lawyer salaries to £110,000

    Law
    Canada
  • Senior exec layoffs surge as firms brace for major employment law change

    Business
    Businessman eating lunch outdoors in Canada financial district
  • Luton Airport expansion set for take-off after environmental challenge dismissed

    Transport & Infrastructure
    Luton Airport aerial view with planes, runways, and terminal buildings, highlighting busy travel hub operations
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Business

  • Markets
  • Banking
  • Technology
  • Energy
  • Property
  • Fintech

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook