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Case C-874/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Aeris Invest Sàrl v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)
ECLI:EU:UNKNOWN:62019CA0874
62019CA0874
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Official Journal of the European Union
C 84/6
(Case C-874/19 P) (*)
(Appeal - Economic and monetary union - Banking union - Recovery and resolution of credit institutions and investment firms - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Board (SRB) - Resolution procedure applicable where an entity is failing or is likely to fail - Adoption of a resolution scheme in respect of Banco Popular Español SA - Sale of business tool - Write-down and conversion of capital instruments - Regulation (EU) No 806/2014 - Article 20 - Concept of ‘definitive valuation’ - Consequences - Refusal or failure to proceed with an ex post definitive valuation - Remedies - Action for annulment)
(2022/C 84/06)
Language of the case: French
Parties
Appellant: Aeris Invest Sàrl (represented: initially by R. Vallina Hoset and A. Sellés Marco, abogados, and subsequently by R. Vallina Hoset, E. Galán Burgos and M. Varela Suárez, abogados)
Other party to the proceedings: Single Resolution Board (SRB) (represented by: J. King, L. Pogarcic Mataija and E. Muratori, acting as Agents, F. Louis and G. Barthet, avocats, and H. G. Kamann and L. Hesse, Rechtsanwälte)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Aeris Invest Sàrl to pay the costs.
(*)
Language of the case: French
ECLI:EU:C:2022:140