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Case T-365/16: Judgment of the General Court of 28 November 2019 — Portigon v SRB (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 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons)
ECLI:EU:UNKNOWN:62016TA0365
62016TA0365
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Official Journal of the European Union
C 36/22
(Case T-365/16) (<span class="super note-tag">1</span>)
(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 2016 ex-ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Procedure for the adoption of the decision - Obligation to state reasons)
(2020/C 36/26)
Language of the case: German
Parties
Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener, V. Jungkind and F. Geber, lawyers)
Defendant: Single Resolution Board (represented by: B. Meyring, T. Klupsch and S. Ianc, lawyers)
Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-P. Wojcik, Agents)
Re:
Application based on Article 263 TFEU seeking the annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.
Operative part of the judgment
The Court:
1.annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Portigon AG;
2.orders the SRB to bear its own costs and to pay those incurred by Portigon;
3.orders the European Commission to bear its own costs.
(<span class="note">1</span>) OJ C 343, 19.9.2016.