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EU rejects UK's bonus cap challenge EU rejects UK's bonus cap challenge
(35 minutes later)
The European Union's Advocate General has thrown out the UK's challenge to its cap on bankers' bonuses. The Advocate General of the EU Court of Justice has rejected the UK's challenge to its cap on bankers' bonuses.
The EU law limits a bonus to no more than a banker's fixed pay, or twice that level with shareholder approval. The cap restricts bonuses to 100% of banker's pay or 200% with shareholder approval.
Advocate General Niilo Jääskinen considered that the EU legislation limiting the ratio of bankers' bonuses compared to their basic salary is valid. Advocate General Niilo Jääskinen ruled the EU legislation limiting the ratio was valid.
The cap is designed to reduce the incentives for bankers to take excessive risks.
The UK government challenged the legislation asking the Court of Justice in Luxembourg to consider six arguments challenging both the scope and the legal basis for the new rules.
"Not a cap"
Advocate General Jääskinen said "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."
However, the UK argued that big basic salaries would be more difficult to cut when the business climate deteriorates.
It also said the new rules may persuade bankers to relocate outside Europe.