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Case T-526/22: Order of the General Court of 10 October 2023 — Sberbank v Commission and SRB (Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption by the SRB of a resolution scheme — Endorsement decision by the Commission — Lack of direct concern — Inadmissibility)

ECLI:EU:UNKNOWN:62022TB0526

62022TB0526

October 10, 2023
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Official Journal of the European Union

Series C

C/2024/409

(Case T-526/22) (<span class="oj-super oj-note-tag">1</span>)

(Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Resolution procedure applicable where an entity is failing or is likely to fail - Adoption by the SRB of a resolution scheme - Endorsement decision by the Commission - Lack of direct concern - Inadmissibility)

(C/2024/409)

Language of the case: English

Parties

Applicant: Sberbank of Russia PAO (Moscow, Russia) (represented by: D. Rovetta, M. Campa, M. Pirovano, M. Moretto and V. Villante, lawyers)

Defendants: European Commission (represented by: D. Triantafyllou and A. Nijenhuis, acting as Agents), Single Resolution Board, represented by: K.-P. Wojcik, H. Ehlers, J. Rius Riu and L. Forestier, acting as Agents, and by B. Meyring, S. Schelo and S. Ianc, lawyers)

Re:

By its action on the basis of Article 263 TFEU, the applicant seeks annulment (i) of Decision SRB/EES/2022/20 of the Single Resolution Board (SRB) of 1 March 2022 on the adoption of a resolution scheme in respect of Sberbank banka d.d., (ii) of Valuation Reports 1 and 2 in relation to Sberbank banka d.d., drawn up by the SRB on 27 and 28 February 2022 respectively, and (iii) of Commission Decision (EU) 2022/947 of 1 March 2022 endorsing the resolution scheme for Sberbank banka d.d. (OJ 2022 L 164, p. 63).

Operative part of the order

1.The action is dismissed as inadmissible.

2.There is no need to rule on the application to intervene made by the European Central Bank (ECB).

3.Sberbank of Russia PAO shall bear its own costs and pay those incurred by the European Commission and the Single Resolution Board (SRB), with the exception of those relating to the application to intervene.

4.Sberbank of Russia, the Commission, the SRB and the ECB shall each bear their own costs relating to the application to intervene.

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2024/409/oj

ISSN 1977-091X (electronic edition)

* * *

(<span class="oj-super">1</span>) OJ C 441, 21.11.2022.

ECLI:EU:C:2025:140

15

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