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Case T-466/16: Judgment of the General Court of 26 June 2019 — NRW. Bank v SRB (Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the ex ante contribution for 2016 — Time limit for bringing an action — Delay — Article 76 of the Rules of procedure of the General Court — Inadmissibility)
ECLI:EU:UNKNOWN:62016TA0466
62016TA0466
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Official Journal of the European Union
C 288/44
(Case T-466/16) (<span class="super note-tag">1</span>)
(Action for annulment - Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the ex ante contribution for 2016 - Time limit for bringing an action - Delay - Article 76 of the Rules of procedure of the General Court - Inadmissibility)
(2019/C 288/56)
Language of the case: German
Parties
Applicant: NRW. Bank (Düsseldorf, Germany) (represented initially by: A. Behrens, J. Kraayvanger and J. Seitz, and subsequently by J. Seitz and D. Flore, lawyers)
Defendant: Single Resolution Board (represented by: B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)
Interveners in support of the defendant: Council of the European Union (represented by: K. Michoel and J. Bauerschmidt, acting as Agents), European Commission (represented by: A. Steiblytė and K.-Ph. Wojcik, acting as Agents)
Re:
Application under Article 263 TFEU for annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the ex ante contributions for 2016 to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, secondly, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the ex ante contributions for 2016 to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the ex ante contributions for 2016 to the Single Resolution Fund (SRB/ES/SRF/2016/13), in so far as they relate to the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action as inadmissible;
2.Orders NRW. Bank to bear its own costs and to pay those incurred by the Single Resolution Board (SRB);
3.Orders the Council of the European Union and the European Commission to bear their own costs.
(<span class="note"> <a id="ntr1-C_2019288EN.01004401-E0001" href="#ntc1-C_2019288EN.01004401-E0001">*1</a> </span>) OJ C 371, 10.10.2016.