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Case T-489/19: Order of the General Court of 30 April 2025 – BPCE and Others v SRB (Ex ante contributions for 2019) (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 2019 – Withdrawal of the measure initially challenged – No need to adjudicate in part – Duty to state reasons – Right to be heard – Error of law – Manifest error of assessment – Plea of illegality – Action in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62019TB0489
62019TB0489
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Official Journal of the European Union
C series
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C/2025/3909
21.7.2025
(Case T-489/19)
(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 2019 - Withdrawal of the measure initially challenged - No need to adjudicate in part - Duty to state reasons - Right to be heard - Error of law - Manifest error of assessment - Plea of illegality - Action in part manifestly lacking any foundation in law)
(C/2025/3909)
Language of the case: French
Parties
Applicants: BPCE (Paris, France) and the 45 other applicants whose names are set out in the annex to the order (represented by: A. Gosset Grainville and M. Trabucchi, lawyers)
Defendant: Single Resolution Board (represented by: C. De Falco and C. Flynn, acting as Agents, and H. G. Kamann, F. Louis, G. Barthet and V. Del Pozo Espinosa de los Monteros, lawyers)
Interveners in support of the defendant: European Parliament (represented by: C. Ionescu Dima, L. Visaggio and J. Etienne, acting as Agents), Council of the European Union (represented by: M. Chavrier, J. Bauerschmidt, E. d’Ursel and A. Westerhof Löfflerová, acting as Agents), European Commission (represented by: D. Triantafyllou, acting as Agent)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Decision SRB/ES/SRF/2019/10 of the Single Resolution Board (SRB) of 16 April 2019 on the calculation of the ex ante contributions for 2019 to the Single Resolution Fund, in so far as it concerns the applicants, and of Decision SRB/ES/2022/47 of the SRB of 8 August 2022 withdrawing Decision SRB/ES/SRF/2019/10 of the SRB of 16 April 2019 concerning the ex ante contributions for 2019 to the Single Resolution Fund, to the extent that it concerns the institutions mentioned in Annex 1 thereto and calculating the ex ante contributions for 2019 of those institutions to the Single Resolution Fund, in so far as it concerns the applicants.
Operative part of the order
1.There is no longer any need to rule on the head of claim seeking the annulment of Decision SRB/ES/SRF/2019/10 of the Single Resolution Board (SRB) of 16 April 2019 on the calculation of the ex ante contributions for 2019 to the Single Resolution Fund.
2.The application is dismissed as to the remainder.
3.BPCE and the other parties whose names are set out in the annex shall bear their own costs and pay those incurred by the SRB.
4.The European Parliament, the Council of the European Union and the European Commission shall bear their own costs.
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(1)
OJ C 295, 2.9.2019.
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ELI: http://data.europa.eu/eli/C/2025/3909/oj
ISSN 1977-091X (electronic edition)
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