(Case T-283/18)

Language of the case: English

Parties

Applicants: Ernests Bernis (Jurmala, Latvia), Oļegs Fiļs (Jurmala), OF Holding SIA (Riga, Latvia) and Cassandra Holding Company SIA (Jurmala) (represented by: O. Behrends, M. Kirchner and L. Feddern, lawyers)

Defendant: European Central Bank (ECB)

Form of order sought

—annul the ECB’s decisions of 23 February 2018 that ABLV Bank, AS and ABLV Bank Luxembourg, SA are failing or likely to fail;

—order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on ten pleas in law.

1.First plea in law, alleging that the ECB’s assessment of the ‘failing or likely to fail’ criterion in respect of ABLV Bank and its subsidiary ABLV Bank Luxembourg was erroneous and deficient in a number of regards.

2.Second plea in law, alleging that the ECB violated the right to be heard and other procedural rights of the applicants.

3.Third plea in law, alleging that the ECB violated the applicants’ right to an appropriately reasoned decision.

4.Fourth plea in law, alleging that the ECB failed to examine and appraise carefully and impartially all the relevant aspects of the individual case.

5.Fifth plea in law, alleging violation of the principle of proportionality.

6.Sixth plea in law, alleging that the ECB violated the principle of equal treatment.

7.Seventh plea in law, alleging that the ECB infringed the right of property and the freedom to conduct a business.

8.Eighth plea in law, alleging that the ECB violated the nemo auditor principle.

9.Ninth plea in law, alleging that the ECB committed a détournement de pouvoir.

10.Tenth plea in law, alleging violation of ABLV Bank’s right pursuant to Article 41 of the Charter on Fundamental Rights because of a failure to ensure the handling of ABLV Bank’s affairs by the relevant institutions and bodies of the Union.