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Case T-669/17: Order of the General Court of 22 January 2025 – Hernando Avendaño and Others v SRB (Action for annulment and for damages – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Resolution scheme in respect of Banco Popular Español – Measure not open to challenge – Manifest inadmissibility)
ECLI:EU:UNKNOWN:62017TB0669
62017TB0669
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Official Journal of the European Union
C series
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C/2025/2213
(Case T-669/17)
(Action for annulment and for damages - Economic and monetary policy - Single resolution mechanism for credit institutions and certain investment firms - Resolution scheme in respect of Banco Popular Español - Measure not open to challenge - Manifest inadmissibility)
(C/2025/2213)
Language of the case: Spanish
Parties
Applicants: María Hernando Avendaño (Madrid, Spain), Ignacio Ruiz Rivas Hernando (Madrid), Juan Ruiz-Rivas Cuesta (Madrid), Lucía Ruiz Rivas Cuesta (Madrid) (represented by: P. Gabeiras Vázquez, lawyer)
Defendant: Single Resolution Board (represented by: H. Ehlers, M. Fernández Rupérez, A. Lapresta Bienz and J. Rius Riu, acting as Agents, and by B. Meyring, F. Fernández de Trocóniz Robles, T. Klupsch and S. Ianc, lawyers)
Re:
By their action, the applicants seek, first, on the basis of Article 263 TFEU, the annulment of Decision SRB/EES/2017/08 of the Executive Session of the Single Resolution Board of 7 June 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español SA and, secondly, on the basis of Article 340 TFEU, compensation for the loss of value of their shares and other capital instruments arising from the adoption of that decision.
Operative part of the order
1.The action is dismissed.
2.There is no need to adjudicate on the applications to intervene of the Kingdom of Spain, the European Commission, Banco Santander, SA and Banco Popular Español, SA.
3.Ms María Hernando Avendaño, Mr Ignacio Ruiz Rivas Hernando, Mr Juan Ruiz Rivas Cuesta and Ms Lucía Ruiz-Rivas Cuesta shall bear their own costs and pay those incurred by the Single Resolution Board (SRB).
4.The Kingdom of Spain and the Commission shall bear their own costs relating to the applications to intervene.
5.Banco Santander shall bear its own costs and pay those incurred by Banco Popular Español relating to the applications to intervene.
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(1) OJ C 42, 5.2.2018.
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ELI: http://data.europa.eu/eli/C/2025/2213/oj
ISSN 1977-091X (electronic edition)
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