- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-481/23: Action brought on 8 August 2023 — Banco Credibom v SRB
ECLI:EU:UNKNOWN:62023TN0481
62023TN0481
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
25.9.2023
EN
Official Journal of the European Union
C 338/36
(Case T-481/23)
(2023/C 338/46)
Language of the case: English
Parties
Applicant: Banco Credibom, SA (Porto Salvo, Portugal) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)
Defendant: Single Resolution Board
Form of order sought
The applicant claims that the Court should:
—annul the Decision of the SRB of 2 May 2023, document no. SRB/ES/2023/23, including Annexes I, II and III, as far as it concerns the ex-ante contribution of the applicant;
—order the SRB to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the SRB has infringed Article 70(2) of Regulation (EU) No 806/2014 (1) by not applying the binding 12,5 % cap to the target level when determining the annual target level.
2.Second plea in law, alleging that the Commission Delegated Regulation (EU) 2015/63 (2) is in breach of the delegated powers conferred on the Commission by Article 103(7) of the Directive 2014/59/EU (3), the principle of equal treatment and the principle of risk-based contributions, respectively the principle of proportionality, in that it does not allow the SRB to exclude the applicant’s additional liabilities arising from a securitisation transaction carried out in 2021.
(1) Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).
(2) Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).
(3) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council Text with EEA relevance (OJ 2014 L 173, p. 190).