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Case C-934/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Algebris (UK) Ltd, Anchorage Capital Group LLC v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)
ECLI:EU:UNKNOWN:62019CA0934
62019CA0934
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Official Journal of the European Union
C 84/7
(Case C-934/19 P)
(Appeal - Economic and monetary union - Banking union - Recovery and resolution of credit institutions and investment firms - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Board (SRB) - Resolution procedure applicable where an entity is failing or is likely to fail - Adoption of a resolution scheme in respect of Banco Popular Español SA - Sale of business tool - Write-down and conversion of capital instruments - Regulation (EU) No 806/2014 - Article 20 - Concept of ‘definitive valuation’ - Consequences - Refusal or failure to proceed with an ex post definitive valuation - Remedies - Action for annulment)
(2022/C 84/08)
Language of the case: English
Parties
Appellants: Algebris (UK) Ltd, Anchorage Capital Group LLC (represented by: T. Soames, avocat, R. East, Solicitor, N. Chesaites, advocaat, and D. Mackersie, Barrister)
Other party to the proceedings: Single Resolution Board (SRB) (represented by: J. King, L. Pogarcic Mataija and E. Muratori, acting as Agents, H.-G. Kamann and L. Hesse, Rechstanwälte, and F. Louis, avocat)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Algebris (UK) Ltd and Anchorage Capital Group LLC to pay the costs.
(1)
OJ C 87, 16.3.2020.