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Case T-578/18: Judgment of the General Court of 8 July 2020 — CA Consumer Finance v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 18(1) of Regulation (EU) No 1024/2013 — Administrative pecuniary penalty imposed by the ECB on a credit institution — First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 — Continued breach of capital requirements — Negligent breach — Rights of defence — Amount of the penalty — Obligation to state reasons)
ECLI:EU:UNKNOWN:62018TA0578
62018TA0578
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Official Journal of the European Union
C 329/15
(Case T-578/18) (*)
(Economic and monetary policy - Prudential supervision of credit institutions - Article 18(1) of Regulation (EU) No 1024/2013 - Administrative pecuniary penalty imposed by the ECB on a credit institution - First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 - Continued breach of capital requirements - Negligent breach - Rights of defence - Amount of the penalty - Obligation to state reasons)
(2020/C 329/31)
Language of the case: French
Parties
Applicant: CA Consumer Finance (Massy, France) (represented by: A. Champsaur and A. Delors, lawyers)
Defendant: European Central Bank (represented by: C. Hernández Saseta, A. Pizzolla and D. Segoin, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Decision ECB/SSM/2018-FRCAG-77 of the ECB of 16 July 2018, taken pursuant to Article 18(1) of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63) and imposing on the applicant an administrative pecuniary penalty of EUR 200 000 for continued breach of the capital requirements laid down in Article 26(3) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1, and corrigenda OJ 2013 L 208, p. 68, and OJ 2013 L 321, p. 6).
Operative part of the judgment
The Court:
1.Annuls Decision ECB/SSM/2018-FRCAG-77 of the European Central Bank (ECB) of 16 July 2018 in so far as it imposes on CA Consumer Finance an administrative pecuniary penalty of EUR 200 000;
2.Dismisses the action as to the remainder;
3.Orders CA Consumer Finance to bear its own costs;
4.Orders the ECB to bear its own costs.
(*) Language of the case: French.
(1) OJ C 436, 3.12.2018.