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Case T-323/16: Judgment of the General Court of 28 November 2019 — Banco Cooperativo Español 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)

ECLI:EU:UNKNOWN:62016TA0323

62016TA0323

November 28, 2019
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Official Journal of the European Union

C 36/21

(Case T-323/16) (<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)

(2020/C 36/25)

Language of the case: Spanish

Parties

Applicant: Banco Cooperativo Español, SA (Madrid, Spain) (represented by: D. Sarmiento Ramírez-Escudero and J. Beltrán de Lubiano Sáez de Urabain, lawyers)

Defendant: Single Resolution Board (represented by: F. Málaga Diéguez, F. Fernández de Trocóniz Robles, B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)

Intervener in support of the defendant: European Commission (represented by: J. Rius, A. Steiblytė and K.-P. Wojcik, Agents)

Re:

Application based on Article 263 TFEU seeking annulment 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) to the extent that it concerns 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) to the extent that it concerns Banco Cooperativo Español, SA;

2.orders Banco Cooperativo Español and the SRB to bear their own costs;

3.orders the European Commission to bear its own costs.

(<span class="note">1</span>) OJ C 296, 16.8.2016.

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