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Joined Cases T-377/16, T-645/16 and T-809/16: Judgment of the General Court of 28 November 2019 — Hypo Vorarlberg Bank v SRB (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 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons — Limitation in time of the effects of the judgment)
ECLI:EU:UNKNOWN:62016TA0377
62016TA0377
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Official Journal of the European Union
C 36/23
(Joined Cases T-377/16, T-645/16 and T-809/16) (*)
(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 2016 ex-ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Procedure for the adoption of the decision - Obligation to state reasons - Limitation in time of the effects of the judgment)
(2020/C 36/27)
Language of the case: German
Parties
Applicant: Hypo Vorarlberg Bank AG, formerly Vorarlberger Landes- und Hypothekenbank AG (Bregenz, Austria) (represented by: G. Eisenberger and A. Brenneis, lawyers)
Defendant: Single Resolution Board (represented by: B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)
Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, Agent)
Re:
Application based on Article 263 TFEU seeking the annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.
Operative part of the judgment
The Court:
1.in Cases T-645/16 and T-809/16, dismisses the actions as inadmissible;
2.in Case T-377/16, annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Hypo Vorarlberg Bank AG;
3.orders the SRB to bear its own costs and to pay those incurred by Hypo Vorarlberg Bank in Case T-377/16;
4.orders Hypo Vorarlberg Bank to bear its own costs and to pay those incurred by the SRB in Cases T-645/16 and T-809/16, and in Case T-645/16 R;
5.orders the Italian Republic to bear its own costs.
(*) Language of the case: German.