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Case T-280/18: Judgment of the General Court of 6 July 2022 — ABLV Bank v SRB (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 — Decision of the SRB not to adopt a resolution scheme — Action for annulment — Act adversely affecting a person — Interest in bringing proceedings — Standing to bring proceedings — Inadmissibility in part — Article 18 of Regulation (EU) No 806/2014 — Power of the author of the measure — Right to be heard — Obligation to state reasons — Proportionality — Equal treatment)
ECLI:EU:UNKNOWN:62018TA0280
62018TA0280
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5.9.2022
Official Journal of the European Union
C 340/27
(Case T-280/18) (*)
(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 - Decision of the SRB not to adopt a resolution scheme - Action for annulment - Act adversely affecting a person - Interest in bringing proceedings - Standing to bring proceedings - Inadmissibility in part - Article 18 of Regulation (EU) No 806/2014 - Power of the author of the measure - Right to be heard - Obligation to state reasons - Proportionality - Equal treatment)
(2022/C 340/34)
Language of the case: English
Parties
Applicant: ABLV Bank AS (Riga, Latvia) (represented by: O. Behrends, lawyer)
Defendant: Single Resolution Board (represented by: J. De Carpentier, E. Muratori and H. Ehlers, acting as Agents, and by J. Rivas Andrés, lawyer, and B. Heenan, Solicitor)
Intervener in support of the defendant: European Central Bank, (represented by: R. Ugena, A. Witte and A. Lefterov, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decisions of the Single Resolution Board (SRB) of 23 February 2018 not to adopt resolution schemes in respect of the credit institutions ABLV Bank AS and ABLV Bank Luxembourg SA within the meaning of Article 18(1) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ABLV Bank AS to pay, in addition to its own costs, the costs incurred by the Single Resolution Board (SRB);
3.Orders the European Central Bank (ECB) to bear its own costs.
(*)
Language of the case: English.
ECLI:EU:C:2025:140
15