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Case T-790/22: Judgment of the General Court of 6 November 2024 – MeSoFa v ECB (Access to documents – Decision 2004/258/EC – Failing or likely to fail assessment of Sberbank banka – Refusal to grant access – Obligation to state reasons – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Concept of confidential information – Exception relating to the protection of commercial interests)

ECLI:EU:UNKNOWN:62022TA0790

62022TA0790

November 6, 2024
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Official Journal of the European Union

C series

C/2025/164

13.1.2025

(Case T-790/22)

(Access to documents - Decision 2004/258/EC - ‘Failing or likely to fail’ assessment of Sberbank banka - Refusal to grant access - Obligation to state reasons - Exception relating to the protection of the confidentiality of information that is protected as such under EU law - Concept of ‘confidential information’ - Exception relating to the protection of commercial interests)

(C/2025/164)

Language of the case: English

Parties

Applicant: MeSoFa Vermögensverwaltungs AG, formerly Sber Vermögensverwaltungs AG, initially Sberbank Europe AG (Vienna, Austria) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: D. Báez Seara and M. Ioannidis, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Decision LS/CL/2022/218 of the European Central Bank (ECB) of 21 September 2022 refusing to grant full access to the ‘failing or likely to fail’ assessment of Sberbank banka d.d., within the meaning of Article 18(1)(a) and (4)(c) 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 MeSoFa Vermögensverwaltungs AG to bear its own costs and to pay those incurred by the European Central Bank (ECB).

Language of the case: English.

ELI: http://data.europa.eu/eli/C/2025/164/oj

ISSN 1977-091X (electronic edition)

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*1 Language of the case: English.

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