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Case T-62/18: Order of the General Court of 16 July 2024 – Aeris Invest v SRB (Access to documents – Documents held by the SRB concerning the adoption of a resolution scheme in respect of Banco Popular Español – Decision of the SRB Appeal Panel relating to a confirmatory decision by the SRB refusing access – Plea of illegality – Obligation to state reasons – Exceptions to the right of public access to documents – Article 4 of Regulation (EC) No 1049/2001 – Presumption of confidentiality – Misuse of powers – Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62018TB0062
62018TB0062
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Official Journal of the European Union
C series
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C/2024/5237
(Case T-62/18)
(Access to documents - Documents held by the SRB concerning the adoption of a resolution scheme in respect of Banco Popular Español - Decision of the SRB Appeal Panel relating to a confirmatory decision by the SRB refusing access - Plea of illegality - Obligation to state reasons - Exceptions to the right of public access to documents - Article 4 of Regulation (EC) No 1049/2001 - Presumption of confidentiality - Misuse of powers - Action manifestly lacking any foundation in law)
(C/2024/5237)
Language of the case: Spanish
Parties
Applicant: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: R. Vallina Hoset and M. Varela Suárez, lawyers)
Defendant: Single Resolution Board (represented by: A. Lapresta Bienz, H. Ehlers, M. Fernández Rupérez and J. Rius Riu, acting as Agents)
Intervener in support of the defendant: Banco Santander, SA (Santander, Spain) (represented by: J. Rodríguez Cárcamo and A. Rodríguez Conde, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the partial annulment of the decision of the Appeal Panel of the Single Resolution Board (SRB) of 28 November 2017 in Case 43/2017, concerning an appeal against the confirmatory decision of the SRB refusing it access to documents concerning the adoption of a resolution scheme in respect of Banco Popular Español, SA.
Operative part of the order
1.The action is dismissed.
2.Aeris Invest Sàrl shall bear its own costs and pay those incurred by the Single Resolution Board (SRB) and by Banco Santander, SA.
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(1)
OJ C 123, 9.4.2018.
ELI: http://data.europa.eu/eli/C/2024/5237/oj
ISSN 1977-091X (electronic edition)
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