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Case T-478/19: Order of the General Court of 11 March 2025 – NRW.Bank v CRU (2019 ex ante contributions) (Economic and monetary union – Banking union – Single Resolution Mechanism of credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2019 ex ante contributions – Obligation to state reasons – Principle of non-retroactivity – Article 5(1)(f) of Delegated Regulation (EU) 2015/63 – Exclusion of certain liabilities from the calculation of the ex ante contributions – Promotional loans – Ancillary promotional activities – Plea of illegality – Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62019TB0478

62019TB0478

March 11, 2025
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Official Journal of the European Union

C series

C/2025/3293

24.6.2025

(Case T-478/19)

(Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the calculation of the 2019 ex ante contributions - Obligation to state reasons - Principle of non-retroactivity - Article 5(1)(f) of Delegated Regulation (EU) 2015/63 - Exclusion of certain liabilities from the calculation of the ex ante contributions - Promotional loans - Ancillary promotional activities - Plea of illegality - Action manifestly lacking any foundation in law)

(C/2025/3293)

Language of the case: German

Parties

Applicant: NRW.Bank (Düsseldorf, Allemagne) (represented by: J. Seitz and C. Marx, lawyers)

Defendant: Single Resolution Board (represented by: C. De Falco, acting as Agent, and G. Coppo, S. Reinart and K. Bongs, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou and A. Steiblytė, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant is seeking 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 2019 ex ante contributions to the Single Resolution Fund, in so far as it concerns the establishments mentioned in Annex I to the present decision and calculates the 2019 ex ante contributions of those establishments to the Single Resolution Fund, in so far as concerns it.

Operative part of the order

The action is dismissed.

The European Commission is ordered to bear its own costs.

(1) OJ C 305, 9.9.2019.

ELI: http://data.europa.eu/eli/C/2025/3293/oj

ISSN 1977-091X (electronic edition)

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