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Case T-420/17: Judgment of the General Court of 23 September 2020 — 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 calculation of the 2017 ex ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Obligation to state reasons — Limitation of the temporal effects of the judgment)

ECLI:EU:UNKNOWN:62017TA0420

62017TA0420

September 23, 2020
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16.11.2020

Official Journal of the European Union

C 390/27

(Case T-420/17) (<span class="oj-super oj-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 calculation of the 2017 ex ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Obligation to state reasons - Limitation of the temporal effects of the judgment)

(2020/C 390/38)

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: P. Messina and J. Kerlin, acting as Agents, and B. Meyring, S. Schelo and T. Klupsch, lawyers)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-Ph. Wojcik, acting as Agents)

Re:

Application based on Article 263 TFEU for annulment of the decision of the Single Resolution Board in its executive session of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05) in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1.Annuls the decision of the Single Resolution Board (SRB) of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05) in so far as it concerns Portigon AG;

2.Orders the SRB to bear its own costs and to pay those incurred by Portigon;

3.Orders the Commission to bear its own costs.

(<span class="oj-super">1</span>) OJ C 277, 21.8.2017.

Language of the case: German.

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