5.12.2016

EN

Official Journal of the European Union

C 454/32

(Case T-733/16)

(2016/C 454/55)

Language of the case: French

Parties

Applicant: La Banque Postale (Paris, France) (represented by: E. Guillaume and L. Coudray, lawyers)

Defendant: European Central Bank

Form of order sought

The applicant claims that the General Court should:

—annul the decision of the European Central Bank of 24 August 2016 on the application submitted by La Banque Postale seeking authorisation to exclude exposures to the public sector from the calculation of the leverage ratio in accordance with Article 429(14) of Regulation (EU) No 575/2013;

—order the European Central Bank to bear all costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging that the European Central Bank erred in law by delivering prematurely its decision of 24 August 2016 on the application submitted by La Banque Postale seeking authorisation to exclude exposures to the public sector from the calculation of the leverage ratio (‘the contested decision’).

2.Second plea in law, alleging that the ECB lacks discretion in applying Article 429(14) 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) (‘Regulation No 575/2013’).

3.Third plea in law, alleging infringements of law by the ECB in adopting the contested decision, relating in particular to:

—the lack of a leverage effect in regard to La Banque Postale’s centralised savings;

—the alleged risks of non-payment by the Caisse des dépôts et consignations and by the French State;

—the alleged operational risks linked to the gathering of La Banque Postale’s centralised savings.