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Case T-406/18: Judgment of the General Court of 12 February 2025 – de Volksbank v SRB (2018 ex ante contributions) (Economic and Monetary Union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the ex ante contributions for the 2018 contribution period – Articles 4, 14 and 16 of Delegated Regulation (EU) 2015/63 – Principle of good administration)

ECLI:EU:UNKNOWN:62018TA0406

62018TA0406

February 12, 2025
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Official Journal of the European Union

C series

C/2025/1753

31.3.2025

Judgment of the General Court of 12 February 2025 – de Volksbank v SRB (2018 ex ante contributions)

(Case T-406/18)

(Economic and Monetary Union - Banking Union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the calculation of the ex ante contributions for the 2018 contribution period - Articles 4, 14 and 16 of Delegated Regulation (EU) 2015/63 - Principle of good administration)

(C/2025/1753)

Language of the case: English

Parties

Applicant: de Volksbank NV (Utrecht, Netherlands) (represented by: A. Kleinhout, T. Waterbolk, P. Post and M. van Zandvoort, lawyers)

Defendant: Single Resolution Board (represented by: D. Ceran and C. De Falco, acting as Agents, and H.-G. Kamann, F. Louis and P. Gey, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou and A. Steiblytė, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2022/46 of the Single Resolution Board (SRB) of 8 August 2022 withdrawing Decision SRB/ES/SRF/2018/03 of the SRB of 12 April 2018 on the 2018 ex ante contributions to the Single Resolution Fund in so far as it concerns the institutions mentioned in Annex I to this Decision and on calculating the 2018 ex ante contributions to the Single Resolution Fund of these institutions, to the extent that it concerns the applicant.

Operative part of the judgment

The Court:

Annuls Decision SRB/ES/2022/46 of the Single Resolution Board (SRB) of 8 August 2022 withdrawing Decision SRB/ES/SRF/2018/03 of the SRB of 12 April 2018 on the 2018 ex ante contributions to the Single Resolution Fund in so far as it concerns the institutions mentioned in Annex I to this Decision and on calculating the 2018 ex ante contributions to the Single Resolution Fund of these institutions, to the extent that it concerns de Volksbank NV;

Orders the SRB to bear its own costs and to pay those incurred by de Volksbank;

Orders the European Commission to bear its own costs.

(1)

OJ C 311, 3.9.2018.

ELI: http://data.europa.eu/eli/C/2025/1753/oj

ISSN 1977-091X (electronic edition)

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