"Greece still needs to raise 20 billion euros ($27.2 billion) by the end of the year. And if the EU decides to give debt guarantees to banks willing to buy Greek bonds, that will be a bailout and will firmly hurt the Lisbon Treaty", says a lawyer based in Brussels.
"The problem is that, once the EU doesn't respect its own rules, how can it keep fining companies for not respecting them either? It creates a huge authority problem for the Commission", he says.
This is because of the so-called "no bailout clause" of the Lisbon Treaty, which states that "the Union shall not be liable for or assume the commitments of central governments".
The only way around this article would be another one, which says: "when a member-state is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional occurrences beyond its control, the Council (...) may grant Union financial assistance to the member-state concerned".
If the European Commission manages to state that the CDS market amplified the Greek crisis beyond Greece's control, maybe then the EU as a whole will be able to give Greece a hand without loosing its authority.