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Case T-494/17: Order of the General Court of 19 November 2018 — Iccrea Banca v Commission and SRB (Action for annulment and damages — Economic and Monetary Union — Banking Union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Determination of the ex ante contribution for 2016 — Incorrect designation of the defendant — Period allowed for commencing proceedings — Delay — Hypothetical measures — Claim for damages — Closely connected with the claim for annulment — Plea of illegality — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62017TB0494
62017TB0494
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Official Journal of the European Union
C 44/62
(Case T-494/17) (<span class="super note-tag">1</span>)
((Action for annulment and damages - Economic and Monetary Union - Banking Union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Determination of the ex ante contribution for 2016 - Incorrect designation of the defendant - Period allowed for commencing proceedings - Delay - Hypothetical measures - Claim for damages - Closely connected with the claim for annulment - Plea of illegality - Manifest inadmissibility))
(2019/C 44/80)
Language of the case: Italian
Parties
Applicant: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo (Rome, Italy) (represented by: P. Messina, F. Isgrò and A. Dentoni Litta, lawyers)
Defendants: European Commission (represented by: V. Di Bucci, A. Steiblytė and M. K.-Ph. Wojcik, acting as Agents) and Single Resolution Board (SRB) (represented by: G. Rumi, S. Raes, M. Merola and T. Van Dyck, lawyers)
Re:
Principally, first, application based on Article 263 TFEU seeking annulment of the Decision of the Executive Session of the Single Resolution Board of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and of all further decisions of the Single Resolution Board on the basis of which the Banca d’Italia adopted national decisions No 1249264/15 of 24 November 2015, No 1262091/15 of 26 November 2015, No 1547337/16 of 29 December 2016, No 0333162/17 of 14 March 2017, and No 0334520/17 of 14 March 2017, in so far as they concern the applicant, and, secondly, application for damages based on Article 268 TFEU, or, in the alternative, application based on Article 277 TFEU.
Operative part of the judgment
1.The action is dismissed;
2.Iccrea Banca SpA Istituto Centrale del Credito Cooperativo shall bear its own costs and shall pay those incurred by the Single Resolution Board and the European Commission.
(<span class="note">1</span>) OJ C 318, 25.9.2017.