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Case T-498/19: Judgment of the General Court of 22 January 2025 – Banco Cooperativo Español v SRB (2019 ex ante contributions) (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 calculation of the ex ante contributions for the 2019 contribution period – Articles 12 and 14 of Delegated Regulation (EU) 2015/63 – Concept of change of status – Institutional protection scheme – Plea of illegality)
ECLI:EU:UNKNOWN:62019TA0498
62019TA0498
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Official Journal of the European Union
C series
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C/2025/1417
10.3.2025
(Case T-498/19)
(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 calculation of the ex ante contributions for the 2019 contribution period - Articles 12 and 14 of Delegated Regulation (EU) 2015/63 - Concept of ‘change of status’ - Institutional protection scheme - Plea of illegality)
(C/2025/1417)
Language of the case: Spanish
Parties
Applicant: Banco Cooperativo Español, SA (Madrid, Spain) (represented by: D. Sarmiento Ramírez-Escudero and J. Beltrán de Lubiano Sáez de Urabain, lawyers,)
Defendant: Single Resolution Board (represented by: M. Rius Riu and C. De Falco, acting as Agents, and by B. Meyring, F.B. Fernández de Trocóniz Robles, T. Klupsch and S. Ianc, lawyers)
Intervener in support of the defendant: European Commission (represented by: A. Steiblytė, P. Němečková and D. Triantafyllou, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Decision SRB/ES/2022/47 of the Single Resolution Board (SRB) of 8 August 2022 withdrawing Decision SRB/ES/SRF/2019/10 of the SRB of 16 April 2019 on the 2019 ex-ante contributions to the Single Resolution Fund (SRF) in so far as it concerns the institutions listed in Annex I thereto and calculating the 2019 ex ante contributions of those institutions to the SRF in so far as it concerns the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Banco Cooperativo Español, SA to bear its own costs and to pay those incurred by the Single Resolution Board (SRB);
3.Orders the European Commission to bear its own costs.
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Language of the case: Spanish.
ELI: http://data.europa.eu/eli/C/2025/1417/oj
ISSN 1977-091X (electronic edition)
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