18.12.2017

EN

Official Journal of the European Union

C 437/42

(Case T-714/17)

(2017/C 437/49)

Language of the case: Spanish

Parties

Applicant: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: M. Roca Junyent, J. Calvo Costa, R. Vallina Hoset and A. Sellés Marco, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the General Court should:

—Declare that the Single Resolution Board has incurred non-contractual liability and order it to repair the harm suffered by the applicant as a result of both its actions and its omissions which deprived the applicant of the BANCO POPULAR ESPAÑOL, S.A. bonds and securities it owned;

—Order the Board to pay to the applicant by way of compensation for the harm suffered (‘the amount due’);

—Principally, the reimbursement of EUR 113 022 558,44 for investments made in Banco Popular shares

—In the alternative, the sum of EUR 93,74 million or

—In the further alternative, the sum of EUR 54,29 million.

—Increase the amount due with compensatory interest as of 7 June 2017 until delivery of the judgment disposing of the present case;

—Increase the amount due with corresponding default interest as of the date of delivery of judgment until its payment in full, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points.

—Order the SRB to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-659/17 Vallina Fonseca v SRB.