Article 80 Circumstances constituting significant damage to investors' interests and the orderly functioning of the market
(Articles 32(1), 32(2), 52(1) and 52(2) of Directive 2014/65/EU)
1. For the purpose of Articles 32(1), 32(2), 52(1) and 52(2) of Directive 2014/65/EU, a suspension or a removal from trading of a financial instrument shall be deemed likely to cause significant damage to investors' interests or the orderly functioning of the market at least in the following circumstances:
(a) where it would create a systemic risk undermining financial stability, such as where the need exists to unwind a dominant market position, or where settlement obligations would not be met in a significant volume;
(b) where the continuation of trading on the market is necessary to perform critical post-trade risk management functions when there is a need for the liquidation of financial instruments due to the default of a clearing member under the default procedures of a CCP and a CCP would be exposed to unacceptable risks as a result of an inability to calculate margin requirements;
(c) where the financial viability of the issuer would be threatened, such as where it is involved in a corporate transaction or capital raising.