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Case T-428/20: Order of the General Court of 26 May 2025 – Norddeutsche Landesbank – Girozentrale v SRB (2020 ex ante contributions) (Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2020 ex ante contributions – Obligation to state reasons – Principle of non-retroactivity – Equal treatment – Proportionality – Margin of discretion of the SRB – Manifest error of assessment – Plea of illegality – Commission’s margin of discretion – Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62020TB0428

62020TB0428

May 26, 2025
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Official Journal of the European Union

C series

C/2025/4461

18.8.2025

Order of the General Court of 26 May 2025 – Norddeutsche Landesbank – Girozentrale v SRB (2020 ex ante contributions)

(Case T-428/20)

(Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the calculation of the 2020 contributions - Obligation to state reasons - Principle of non-retroactivity - Equal treatment - Proportionality - Margin of discretion of the SRB - Manifest error of assessment - Plea of illegality - Commission’s margin of discretion - Action manifestly lacking any foundation in law)

(C/2025/4461)

Language of the case: German

Parties

Applicant: Norddeutsche Landesbank – Girozentrale, formerly Deutsche Hypothekenbank AG (Hannover, Germany) (represented by: J. Seitz and C. Marx, lawyers)

Defendant: Single Resolution Board (represented by: C. De Falco and T. Wittenberg, acting as Agents, and by G. Coppo, S. Reinart and K. Bongs, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou and A. Steiblytė, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Decision SRB/ES/2022/80 of the Single Resolution Board (SRB) of 7 December 2022, withdrawing Decision SRB/ES/2020/24 of the SRB of 15 April 2020, on the calculation of the 2020 contributions to the Single Resolution Fund, in so far as it concerns the institutions mentioned in Annex I to this Decision, and recalculating the 2020 contributions to the Single Resolution Fund of these institutions, to the extent that it concerns the applicant.

Operative part of the order

The action is dismissed.

Norddeutsche Landesbank – Girozentrale shall bear its own costs as the legal successor of Deutsche Hypothekenbank AG and pay those incurred by the Single Resolution Board (SRB).

The European Commission shall bear its own costs.

(1)

OJ C 279, 24.8.2020.

ELI: http://data.europa.eu/eli/C/2025/4461/oj

ISSN 1977-091X (electronic edition)

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