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Case T-502/19: Judgment of the General Court of 12 October 2022 –Corneli v ECB (Economic and monetary union — Banking union — Recovery and resolution of credit institutions — Early intervention measures — Decision of the ECB to place Banca Carige under temporary administration — Action for annulment — Action brought by a shareholder — Standing to bring proceedings — Interest separate from that of the bank — Admissibility — Error of law in the determination of the legal basis — Interpretation of national law by the EU Courts in conformity with EU law — Limit — Prohibition on interpreting national law contra legem)
ECLI:EU:UNKNOWN:62019TA0502
62019TA0502
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Official Journal of the European Union
C 463/22
(Case T-502/19) (*)
(Economic and monetary union - Banking union - Recovery and resolution of credit institutions - Early intervention measures - Decision of the ECB to place Banca Carige under temporary administration - Action for annulment - Action brought by a shareholder - Standing to bring proceedings - Interest separate from that of the bank - Admissibility - Error of law in the determination of the legal basis - Interpretation of national law by the EU Courts in conformity with EU law - Limit - Prohibition on interpreting national law contra legem)
(2022/C 463/30)
Language of the case: Italian
Parties
Applicant: Francesca Corneli (Velletri, Italy) (represented by: M. Condinanzi, L. Boggio and F. Ferraro, lawyers)
Defendant: European Central Bank (represented by: C. Hernández Saseta, A. Pizzolla and G. Marafioti, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: V. Di Bucci, D. Triantafyllou and A. Nijenhuis, acting as Agents)
Re:
By her action under Article 263 TFEU, the applicant seeks annulment of ECB Decision ECB-SSM-2019-ITCAR-11 of 1 January 2019 placing Banca Carige SpA under temporary administration, as well as of any consequent or subsequent act, including, inter alia, ECB Decision ECB-SSM-2019-ITCAR-13 of 29 March 2019 extending the period of temporary administration up to 30 September 2019.
Operative part of the judgment
The Court:
1.Annuls ECB Decision ECB-SSM-2019-ITCAR-11 of 1 January 2019 placing Banca Carige SpA under temporary administration and ECB Decision ECB-SSM-2019-ITCAR-13 of 29 March 2019 extending the duration of the period of temporary administration up to 30 September 2019;
2.Dismisses the action as to the remainder;
3.Orders the European Central Bank (ECB) to bear its own costs and to pay those incurred by Ms Francesca Corneli;
4.Declares that the European Commission is to bear its own costs.
(*) Language of the case: Italian.
(1) OJ C 312, 16.9.2019.