Ryanair Told To Pay Back €9.6m In State Aid

Ryanair is facing a legal battle with the European Commission after it was ordered to repay almost €10m (£7.9m) in what was found to be illegal state aid.

The no-frills carrier said it had instructed its lawyers to challenge the Commission's findings in relation to three French regional airports.

Its operations at three German airports were cleared by the inquiry.

The Commission, the European Union's executive arm, said Ryanair would have to repay €868,000 (£686,310) related to rebates and marketing arrangements negotiated at Angouleme airport in central France, from where it had ceased operations in 2009.

It found Ryanair had enjoyed "an undue advantage" and should repay the money so as to "remove the distortion of competition".

Similar findings at Pau Pyrenees airport, which Ryanair stopped using in 2011, required a repayment of €2.4m (£1.9m), with €6.4m (£5.06m) repayable at Nimes airport.

An investigation into Austria's Klagenfurt airport, where airport service and market agreements "appeared to be excessively favourable to Ryanair and therefore could involve incompatible state aid", was continuing.

The airline responded with a statement welcoming the rulings concerning Germany.

Ryanair's director of legal and regulatory affairs, Juliusz Komorek said: "Today's decisions confirm that Ryanair's airport agreements at Niederrhein Airport comply with the EU state aid rules.

"Following the closure of this case and the earlier six positive decisions at Aarhus, Bratislava, Charleroi, Marseille, Berlin Schonefeld and Tampere airports, we will immediately appeal the decisions in (the) Pau, Angouleme and Nimes cases, where the EU Commission mistakenly suggested the airports' agreements with Ryanair did not fully comply with the EU state aid rules.

"Ryanair has to date carried 86.5 million passengers at the seven airports where our commercial arrangements have been confirmed by the EU Commission and the EU Court to comply with EU law, compared to just 3.4 million passengers at the airports where the Commission today suggested the agreements did not comply with state aid rules."

It is not the first time Ryanair has fallen foul of the authorities over the past 12 months.

In October, the operator was ordered to pay fines and damages totalling £6.7m by a French court, which accused it of violating the country's labour laws.

It denied registering workers employed in France as Irish employees, preventing workplace councils from functioning and preventing access to unions.

However, the airline has also prioritised a more customer-friendly approach after coming under fire on issues including charges, compensation and baggage fees.

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Scottish Referendum: Banks Weigh New Warnings

By Mark Kleinman, City Editor

Britain's biggest banks are weighing up plans to outline further risks associated with Scottish independence when they unveil half-year results with less than 50 days to go before the crucial vote.

Sky News understands that some major lenders are deliberating over whether to highlight potentially politically explosive risk factors when the interim reporting season kicks off next week.

At least two banks are said to be discussing internally the prospect of warning over the implications for payments systems and infrastructure if Scotland secedes from the UK.

Some senior bank executives believe, however, there is little to be gained from providing additional detail so close to the referendum, given the politically charged nature of the campaign.

Britain's two state-backed banking giants are also stepping up talks with the Bank of England about contingency planning ahead of September's referendum.

Some executives at Lloyds Banking Group and Royal Bank of Scotland (RBS) are advocating a scenario under which the central bank would make a public statement ahead of September's vote guaranteeing deposits and liquidity.

Insiders said that Lloyds and RBS, which are 25% and 80%-owned by British taxpayers respectively, have told Bank of England officials at recent meetings that they are keen for it to do so.

Both banks are headquartered in Scotland and have previously cited the independence vote in risk factors in results announcements earlier this year.

Mark Carney, the Bank of England Governor, has said that an independent Scotland would present "clear risks" and that it would have to surrender some sovereignty to the UK because of the size of its financial sector.

One banker said the discussions reflected the extent to which a vote for independence was deemed to be credible, as well as the "reality that Lloyds and RBS are only notionally Scottish".

The Yes campaign is likely to consider discussions between commercial banks and the Bank of England as reflective of the degree to which a joint approach would be necessary in the mutual interest of Scotland and the rest of the UK.

Earlier this month, economists at UBS, the Swiss bank, said depositors would be likely to move their money south of the border if there was a Yes vote, reflecting that Scotland was "perceived to be the weaker part of the fragmenting monetary union".

However, any liquidity problem at RBS and Lloyds could also stem from customers withdrawing deposits in the rest of the UK, with the stability of both banks of critical importance to the British economy.

The two lenders received nearly £70bn of taxpayer support during the 2008 financial crisis to stave off outright collapse.

While the Bank of England would probably remain the lender of last resort to them during an 18-month transition period following a vote for independence, a row has been taking place for months between Edinburgh and Westminster about whether Scotland could continue to use the pound.

A further argument was ignited this week when MPs on the Scottish Affairs Committee warned that the idea of an independent Scotland retaining sterling was a "dead parrot".

Lloyds, RBS and the Bank of England all declined to comment.

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Banks Face £1.5bn Hit From PPI Claims Deluge

By Mark Kleinman, City Editor

Britain's largest high street banks will announce next week that they are setting aside more than £1bn in additional provisions to compensate customers who were mis-sold payment protection insurance (PPI).

Sky News can exclusively reveal that Barclays, Lloyds Banking Group and Royal Bank of Scotland (RBS) will use their half-year results statements to the City to disclose that the big four lenders' combined bill for the PPI scandal has soared to well over £20bn.

The new provisions are understood to be being driven by an acceleration in the number of claims which relate to PPI policies sold before 2005, and have prompted urgent talks among bank executives about the conduct of claims management companies (CMCs).

Insiders said that the new top-ups could reach close to £1.5bn between the biggest banks.

To date, the PPI scandal has seen Lloyds allocating £9.8bn for compensation; Barclays has set aside £3.95bn; RBS has provided £3.1bn; and HSBC's bill has reached £2.1bn.

The sizeable new top-ups may revive calls for a so-called time-barring exercise, which would involve imposing a cut-off point for consumers to submit compensation claims.

Banking sources said on Tuesday that Barclays would account for the largest percentage of the additional compensation bill but pointed out that that was largely because it had not taken a new provision since last July, whereas some of its rivals had done so earlier this year.

The total PPI bill for Lloyds, which is 25%-owned by taxpayers, is expected to pass £10bn as a result of its new provision.

The final numbers are still being worked out with each lender's auditors, which are understood to be pushing board members to take a conservative approach to the issue by setting aside substantial sums.

The scale of the new bill will surprise many in the City, particularly after the Financial Ombudsman Service (FOS) said on Monday that new complaints fell by more than 50% during the last three months, prompting it to say that the worst of the scandal had passed.

The FOS said it had received just under 57,000 PPI-related complaints in the second quarter of the year, compared with just over 132,000 in the same period last year.

The latest wave of claims is understood to be particularly concerning to banks because many date back to before 2005, which was the reference point for an unsuccessful judicial review brought by the major banks three years ago.

Executives at major banks argue that the cost of administering even fraudulent or otherwise invalid claims can reach £1000 each, eroding their capital at a time when they are facing political demands to lend more money to small businesses.

Banks are obliged to keep customer records for seven years, meaning that many new claims relate to policies for which neither banks nor customers have an accurate record.

The British Bankers' Association (BBA) had been leading tentative discussions with the City regulator about a cut-off point for claims.

Martin Wheatley, the Financial Conduct Authority's chief executive, told MPs earlier this year that he was sceptical about the prospects of a time-barring exercise.

At the time, the BBA said: "We are working with our members on a number of aspects of PPI complaints. The ongoing work focuses on three issues as a priority: addressing backlogs, making sure that customers can be confident that the offers they receive are right and highlighting that there is no need for them to engage a claims management company.

In January last year, the FCA said it had agreed to talks with the industry about a time limit, but would insist that the banks funded a huge advertising campaign to ensure sufficient awareness of the PPI issue.

The hostility of consumer groups to a deadline appeared to kill any prospect of a deal, and it is unlikely that they would be any more enthusiastic about a deal, analysts suggested.

Barclays, Lloyds and RBS all declined to comment.

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UK Prepares For EU Ruling On Energy State Aid

By Mark Kleinman, City Editor

The Government is braced for a ruling from Brussels on Wednesday that will influence the fate of billions of pounds in investment in low-carbon energy policies.

Sky News understands that the European Commission (EC) is likely to announce its ruling after several months examining a form of subsidy guaranteeing long-term prices to companies for supplying renewable energy sources.

Known as contracts for difference (CFDs), these instruments are designed to reassure investors about the returns that such projects will generate, and have been an important element of the Coalition's energy policy.

The Government has developed a series of policies under the umbrella of Electricity Market Reform, which are intended to meet legally binding targets to reduce carbon emissions.

They also include the issue of the capacity market, which is designed to incentivise energy companies to commit to keeping the lights on, in exchange for penalties if they fail to do so.

The EU has previously signalled that projects which involve significant subsidies could be deemed to constitute unfair state support.

A senior energy sector source said an announcement was likely to be made on Wednesday but could be delayed.

A source close to the Department for Energy and Climate Change (DECC) said it was confident of securing Brussels' approval for UK policies on low-carbon energy.

They conceded that some material concessions or a more formal EU probe were possible, however.

"We have continued to engage [with Joaquin Almunia, the EU Competition Commissioner] on our EMR cases," a source said.

"These conversations remain constructive and we are making the strongest possible case for our policies, which we believe are consistent with the new energy and environmental state aid guidelines."

State aid for the UK nuclear sector will not be covered by Wednesday's announcement, according to insiders.

A separate ruling on that issue is expected later this year.

Launching its probe of the financial guarantees being provided to EDF, the French utility leading the construction of a new nuclear power plant at Hinkley Point, the Commission said last year that it had "doubts that the project suffers from a genuine market failure".

A Commission spokesman said on Tuesday that it "does not announce state aid decisions in advance, nor does it comment on possible future decisions".

A spokeswoman for DECC declined to comment.

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Tesco Chief Philip Clarke To Step Down

Tesco's chief executive Philip Clarke is to quit after a string of poor results for the supermarket giant.

The group, which is seeing its worst sales performance in four decades, announced Mr Clarke's departure as it issued a fresh warning on profits.

He will stand down on October 1 and will be replaced by Dave Lewis from Unilever, who is a non-executive director of BSkyB, owner of Sky News.

The retailer is battling to stop a decline in sales figures

Tesco's sales fell by 3.7% in the three months to May 24 on a like-for-like basis, an acceleration of the 3% slide in the previous quarter.

Mr Lewis will receive a basic salary of £1.25m, plus "standard" benefits. He will also receive £525,000 in lieu of his current year cash bonus from Unilever

Mr Clarke, who earned £1.14m in the role, will get a payoff worth 12 months salary.

When Mr Clarke took over from Sir Terry Leahy in March 2011, the Tesco share price stood at 400p, but are now trading at 291p - equating to a shareholder loss of £8.8bn.

Dave Lewis is to bag a salary of £1.25m in his new role

Tesco chairman Sir Richard Broadbent said: "Having guided Tesco through a substantial re-positioning in challenging markets, Philip Clarke agreed with the Board that this is the appropriate moment to hand over to a new leader with fresh perspectives and a new profile."

He added: "Dave Lewis brings a wealth of international consumer experience and expertise in change management, business strategy, brand management and customer development."

Mr Clarke said: "Having taken the business through the huge challenges of the last few years, I think this is the right moment to hand over responsibility and I am delighted that Dave Lewis has agreed to join us.

"Dave has worked with Tesco directly or indirectly over many years and is well-known within the business. I will do everything in my power to support him in taking the company forward through the next stage of its journey."

Tesco's market share has fallen by more than two percentage points

But Sky's City Editor Mark Kleinman said the appointment of Mr Clarke's successor represents a gamble.

He said: "Dave Lewis, a 25-year veteran of Unilever, the consumer goods giant behind Dove, Lynx and Marmite, is the first outsider to take the helm of Tesco in its 95-year history."

Mr Clarke, who had worked his way up from the shop floor to head Tesco, admitted last month the chain's sales figures were the worst he had known in 40 years.

But a trading update said conditions were more "challenging" than predicted.

The group said: "The overall market is weaker and, combined with increasing investments we are making to improve the customer offer and to build long-term loyalty, this means that sales and trading profit in the first half of the year are somewhat below expectations."

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Fraud Probe Into Foreign Exchange Market

The Serious Fraud Office has opened a criminal investigation into allegations of fraud in the foreign exchange market.

Britain's financial watchdog Financial Conduct Authority (FCA) in October joined other regulators around the world in investigating whether traders at some of the world's biggest banks rigged the £3trn-a-day market in Britain.

Some 40% of world's foreign exchange trading is done in London.

The SFO has refused to confirm which City institutions may be under investigation, but has told Sky News a range of individuals and banks will be subject to the inquiry.

Earlier this year, Martin Wheatley, the FCA head, said the allegations were "every bit as bad as they have been with Libor".

Only last week, the boss of Royal Bank of Scotland said an investigation into alleged manipulation of foreign exchange markets could pose a bigger problem for the industry than the Libor interest rate-rigging scandal.

RBS paid out £358m last year to settle claims it manipulated Libor rates.

It was one of several banks hit with large fines for rigging financial benchmarks.

Asked if the foreign exchange probe could be a bigger problem than Libor, RBS chief Ross McEwan said: "Unfortunately, it has then hallmarks."

He added: "We're still doing a lot of investigation.

"We're going through just millions and millions of emails, chatrooms, conversations to see what actually went wrong.

"Unfortunately, I have the feeling that this is a sort of Libor case again.

"The difference this time is that we haven't sat back and denied it. We've gone into it and are doing the investigation hand-in-hand with the authorities."

He said it was another problem from the past that banks had to deal with in order to move on.

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BBA: City Sanctions Regime Needs Overhaul

By Mark Kleinman, City Editor

Procedures for punishing bankers who breach City rules require urgent changes, including the option of "part-settlement" of cases brought by regulators, the banking industry lobbying group has said.

In a submission to the Treasury obtained by Sky News, the British Bankers' Association (BBA) accused financial watchdogs of lacking objectivity and transparency.

It said the Regulatory Decisions Committee (RDC), which scrutinises judgements made by the Financial Conduct Authority (FCA) should be reformed to guarantee its independence.

"There are ... questions about the extent to which the RDC can be said to be truly independent of the FCA's enforcement function," the BBA said.

"This raises doubts over whether the arrangements can be said to provide a true 'check and balance' on the enforcement function's powers."

The RDC could be replaced by a body which sits within the FCA but is autonomous, "possibly with a lay majority and a chair with senior judicial experience", the BBA added.

The BBA was responding to a review launched in May by George Osborne.

The Chancellor has made toughening the sanctions regime a priority as he seeks to demonstrate that the Government is intent upon punishing past miscreants.

In a speech last month, he said he wanted to make the manipulation of financial benchmarks such as the gold-fix and foreign exchange rates a criminal offence.

The Sunday Times reported that the Serious Fraud Office was poised to announce a criminal probe into alleged forex-rigging as soon as this week.

The consultation on the use of enforcement powers follows a string of cases involving prominent bankers.

"For enforcement action to be effective, wrongdoers must believe that they face a real and tangible risk of being held to account and must expect to face meaningful and proportionate sanctions," the Treasury said in May.

Some of the FCA's actions, such as a decision to fine Ian Hannam, a former JP Morgan executive, for inappropriately disclosing inside information, have faced criticism in the City.

Decisions by the FCA's predecessor body, the Financial Services Authority, relating to the near-collapse of HBOS also face scrutiny as part of a probe of the bank's troubles.

The BBA said in its submission to the Treasury that an appeals process and enforcement panel set up by the energy industry could provide a model for the financial services sector.

The lobby group also said the enforcement process could be accelerated, with additional communication with those under investigation desirable.

Under the current system, cases can only be settled in full, but the lobbying group insisted that introducing scope for part-settlement could "significantly strengthen decision-making".

The BBA added that actual rather than potential losses to consumers should be taken into account by regulators when calculating punishments, and said that the self-reporting of misconduct "could be given a more positive emphasis and better incentivised".

And it criticised regulators for their approach to enforcement actions, accusing them of requesting information whose "relevance...is not always immediately apparent".

It said the subjects of investigation were also frequently left in the dark about the detailed reasons underlying the probes.

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Newly-Listed TSB Says Yes To £1.4bn UKAR Bid

State 'Bad Bank' Plots £1.5bn Mortgage Sale

Updated: 3:07pm UK, Tuesday 03 June 2014

By Mark Kleinman, City Editor

The state-owned 'bad bank' which holds the remnants of Bradford & Bingley and Northern Rock is to sell a £1.5bn mortgage portfolio that will attempt to exploit buoyant demand for UK housing market assets.

Sky News has learnt that UK Asset Resolution (UKAR) has hired investment bankers at Credit Suisse to market the loans, with the agency understood to be determined to secure a sale price at close to or better than the book's par value.

Prospective buyers are likely to include investment funds and a number of UK high street lenders, sources said on Tuesday.

The auction will represent the first such transaction since July 2012, when UKAR agreed the sale of £465m of Northern Rock Asset Management (NRAM) mortgages to Virgin Money.

The proceeds of that sale were used to repay part of NRAM's loan from the Government, which enabled it to stave off outright collapse in 2008.

Since then, the most significant deal involving UKAR took place last year, when NRAM's portfolio of standalone unsecured personal loans was sold to OneSavings Bank plc and Marlin Financial Group for a combined price tag of £400m.

News of the latest sale process emerged on the day that UKAR trumpeted its return to the taxpayer of roughly a quarter of the £38.3bn loan it took on six years ago.

Richard Banks, UKAR chief executive, said the results represented "good progress" for the taxpayer-backed organisation.

"It is also pleasing to see the significant reduction in arrears due to the dedication and professionalism of colleagues proactively working with our customers to help them achieve the right outcomes."

He went on to warn, however, that the prospect of rising interest rates would be a significant obstacle for many of its 467,000 customers.

"The signs are that the UK economy is continuing to recover, both in terms of growth and employment and in the housing and mortgage markets," UKAR said.

"House prices have increased faster than expected over the past 15 months, which, combined with continued low rates of interest, is good news for our customers and has driven increased redemption activity.

"However, despite the more positive conditions, many households continue to be under financial pressure. This, together with the prospect of interest rate rises and higher mortgage payments, will be a concern for many of our customers."

That warning echoes those of leading public figures in recent weeks, with representatives of major housebuilders due to meet Vince Cable, the Business Secretary, and George Osborne, the Chancellor, this week.

UKAR declined to comment on the new mortgage sale.

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Top City Banker To Pay £450,000 FCA Penalty

By Mark Kleinman, City Editor

One of the City's top financiers is poised to pay a £450,000 fine after deciding to accept a market abuse ruling by the Financial Conduct Authority (FCA).

Sky News understands that Ian Hannam, a banker who became known as the 'king of mining M&A' after engineering some of the world's biggest natural resources mergers, is to accept the watchdog's original verdict after losing an appeal in May.

An insider said on Friday that a statement from the FCA confirming that the original decision is to be upheld is expected as early as next week.

Mr Hannam, who had a long career at JP Morgan Cazenove before leaving in 2012, was accused by the FCA of inappropriately disclosing inside information in 2008 about Heritage Oil, a client, to a potential buyer.

He had argued that the FCA's ruling was erroneous and that he acted in accordance with City rules, vowing to fight the decision.

The regulator did not accuse or find Mr Hannam guilty of deliberately setting out to commit market abuse or accuse him of lacking honesty or integrity.

The Upper Tribunal of the High Court rejected his appeal in a judgement which was greeted by relief at the FCA but which raised questions about the clarity of guidelines about acceptable City conduct.

Both parties are understood to have made representations about the scale of the fine following the verdict of the Upper Tribunal, which said:

"Although the parties' written submissions did say something about the appropriate penalty if Mr Hannam had been engaged in market abuse, we consider that we cannot properly deal with this aspect of the case without giving the parties the opportunity to make further submissions in the light of our findings on the substantive issues.

The tribunal and the parties will need to consider the best way forward procedurally for dealing with the question of penalty."

The ruling left open the question of whether the penalty imposed on Mr Hannam should be increased or decreased.

Mr Hannam, who received backing from a number of prominent City figures and company bosses during his appeal, is said to have racked up legal fees of approximately £1m during his case.

Since leaving JP Morgan, he has rebuilt his career, taking control of a number of businesses in the mining and resources industries.

He has also given financial backing to Heathrow Hub, one of the shortlisted candidates for expanding runway capacity in south-east England.

Spokesmen for Mr Hannam and the FCA declined to comment on Friday.

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Newly-Listed TSB Says Yes To £1.4bn UKAR Bid

State 'Bad Bank' Plots £1.5bn Mortgage Sale

Updated: 3:07pm UK, Tuesday 03 June 2014

By Mark Kleinman, City Editor

The state-owned 'bad bank' which holds the remnants of Bradford & Bingley and Northern Rock is to sell a £1.5bn mortgage portfolio that will attempt to exploit buoyant demand for UK housing market assets.

Sky News has learnt that UK Asset Resolution (UKAR) has hired investment bankers at Credit Suisse to market the loans, with the agency understood to be determined to secure a sale price at close to or better than the book's par value.

Prospective buyers are likely to include investment funds and a number of UK high street lenders, sources said on Tuesday.

The auction will represent the first such transaction since July 2012, when UKAR agreed the sale of £465m of Northern Rock Asset Management (NRAM) mortgages to Virgin Money.

The proceeds of that sale were used to repay part of NRAM's loan from the Government, which enabled it to stave off outright collapse in 2008.

Since then, the most significant deal involving UKAR took place last year, when NRAM's portfolio of standalone unsecured personal loans was sold to OneSavings Bank plc and Marlin Financial Group for a combined price tag of £400m.

News of the latest sale process emerged on the day that UKAR trumpeted its return to the taxpayer of roughly a quarter of the £38.3bn loan it took on six years ago.

Richard Banks, UKAR chief executive, said the results represented "good progress" for the taxpayer-backed organisation.

"It is also pleasing to see the significant reduction in arrears due to the dedication and professionalism of colleagues proactively working with our customers to help them achieve the right outcomes."

He went on to warn, however, that the prospect of rising interest rates would be a significant obstacle for many of its 467,000 customers.

"The signs are that the UK economy is continuing to recover, both in terms of growth and employment and in the housing and mortgage markets," UKAR said.

"House prices have increased faster than expected over the past 15 months, which, combined with continued low rates of interest, is good news for our customers and has driven increased redemption activity.

"However, despite the more positive conditions, many households continue to be under financial pressure. This, together with the prospect of interest rate rises and higher mortgage payments, will be a concern for many of our customers."

That warning echoes those of leading public figures in recent weeks, with representatives of major housebuilders due to meet Vince Cable, the Business Secretary, and George Osborne, the Chancellor, this week.

UKAR declined to comment on the new mortgage sale.

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