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Case T-660/14: Judgment of the General Court of 9 September 2015 — SV Capital v EBA (Economic and monetary policy — Application to initiate an investigation for an alleged breach of EU law — Decision of the EBA — Decision of the Board of Appeal of the European Supervisory Authorities — Finding of the Court of its own motion — Lack of competence of the author of the act — Action for annulment — Period allowed for commencing proceedings — Delay — Partly inadmissible)

ECLI:EU:UNKNOWN:62014TA0660

62014TA0660

September 9, 2015
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19.10.2015

Official Journal of the European Union

C 346/30

(Case T-660/14) (<span class="super note-tag">1</span>)

((Economic and monetary policy - Application to initiate an investigation for an alleged breach of EU law - Decision of the EBA - Decision of the Board of Appeal of the European Supervisory Authorities - Finding of the Court of its own motion - Lack of competence of the author of the act - Action for annulment - Period allowed for commencing proceedings - Delay - Partly inadmissible))

(2015/C 346/35)

Language of the case: English

Parties

Applicant: SV Capital OÜ (Tallinn, Estonia) (represented by: M. Greinoman, lawyer)

Defendant: European Banking Authority (EBA) (represented by: J. Overett Somnier and Z. Giotaki, acting as Agents, and by F. Tuytschaever, lawyer)

Intervener in support of the defendant: European Commission (represented by: W. Mölls and K.-P. Wojcik, acting as Agents)

Re:

Application for the annulment, first, of Decision C 2013 002 of the EBA of 21 February 2014 rejecting the applicant’s request for an investigation to be initiated against the Estonian and Finnish financial sector supervisory authorities, pursuant to Article 17(2) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ 2010 L 331, p. 12), as a result of an alleged breach of EU law and, secondly, of Decision 2014-C1-02 of the Board of Appeal of the European Supervisory Authorities of 14 July 2014 dismissing the action brought against that decision.

Operative part of the judgment

The Court:

1.Annuls Decision 2014-C1-02 of the Board of Appeal of the European Supervisory Authorities of 14 July 2014;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 431, 1.12.2014.

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