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Case T-913/16: Judgment of the General Court of 11 May 2022 — Fininvest and Berlusconi v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the ECB — Assessment of acquisitions of qualifying holdings — Opposition to the acquisition of a qualifying holding — Non-retroactivity — Res judicata — Application of national transposing measures — Rights of the defence — Right of access to the file — Right to be heard — New plea — Primacy of EU law — Right to effective judicial protection)
ECLI:EU:UNKNOWN:62016TA0913
62016TA0913
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Official Journal of the European Union
C 266/19
(Case T-913/16) (*)
(Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the ECB - Assessment of acquisitions of qualifying holdings - Opposition to the acquisition of a qualifying holding - Non-retroactivity - Res judicata - Application of national transposing measures - Rights of the defence - Right of access to the file - Right to be heard - New plea - Primacy of EU law - Right to effective judicial protection)
(2022/C 266/22)
Language of the case: Italian
Parties
Applicants: Finanziaria d’investimento Fininvest SpA (Fininvest) (Rome, Italy), Silvio Berlusconi (Rome) (represented by: R. Vaccarella, A. Di Porto, M. Carpinelli, A. Saccucci, B. Nascimbene, N. Ghedini and A. Baldaccini, lawyers)
Defendant: European Central Bank (represented by: C. Hernández Saseta and G. Buono, acting as Agents, and by M. Lamandini, lawyer)
Intervener in support of the defendant: European Commission (represented by: V. Di Bucci and A. Steiblytė, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of the ECB’s decision ECB/SSM/2016 — 7LVZJ6XRIE7VNZ4UBX81/4 of 25 October 2016, by which the latter refused to authorise the acquisition of a holding by Fininvest and by Mr Silvio Berlusconi in the credit institution Banca Mediolanum SpA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Finanziaria d’investimento Fininvest SpA (Fininvest) and Mr Silvio Berlusconi to bear their own costs and to pay those incurred by the European Central Bank (ECB);
3.Orders the European Commission to bear its own costs.
(*) Language of the case: Italian.