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Case T-187/22: Judgment of the General Court of 5 June 2024 – BPCE and Others v ECB (Economic and monetary policy – Supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Establishment of prudential requirements – Irrevocable payment commitments – Res judicata – Misuse of powers – Manifest error of assessment – Principle of good administration – Proportionality)

ECLI:EU:UNKNOWN:62022TA0187

62022TA0187

June 5, 2024
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Official Journal of the European Union

C series

C/2024/4463

(Case T-187/22)

(Economic and monetary policy - Supervision of credit institutions - Specific supervisory tasks conferred on the ECB - Establishment of prudential requirements - Irrevocable payment commitments - Res judicata - Misuse of powers - Manifest error of assessment - Principle of good administration - Proportionality)

(C/2024/4463)

Language of the case: French

Parties

Applicants: BPCE (Paris, France) and the 51 other applicants whose names are listed in the annex to the judgment (represented by: A. Gosset-Grainville and M. Trabucchi, lawyers)

Defendant: European Central Bank (represented by: E. Yoo, D. Segoin and F. Bonnard, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of, first, section 1.3 and sections 3.3.1 to 3.3.8 of Decision ECB-SSM-2022-FRBPC-10 of the European Central Bank (ECB) of 2 February 2022, together with its annexes, in so far as it prescribes measures to be taken in relation to irrevocable payment commitments (‘IPCs’) concerning deposit guarantee schemes or resolution funds and, second, of section 1.3 and sections 3.3.1 to 3.3.7 of ECB Decision ECB-2022-FRBPC-112 of 21 December 2022, together with its annexes, in so far as it prescribes measure to be taken in relation to IPCs concerning deposit guarantee schemes or resolution funds.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders BPCE and the other applicants whose names are listed in the annex to pay the costs.

(1) OJ C 213, 30.5.2022

ELI: http://data.europa.eu/eli/C/2024/4463/oj

ISSN 1977-091X (electronic edition)

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