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Case T-467/23: Order of the General Court of 6 August 2024 – Stadtsparkasse Düsseldorf v SRB (Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the ex ante contributions for the 2023 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Action manifestly well founded – Limitation of the temporal effects of the order)

ECLI:EU:UNKNOWN:62023TB0467

62023TB0467

August 6, 2024
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Official Journal of the European Union

C series

C/2024/5812

(Case T-467/23)

(Economic and monetary union - Banking union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the calculation of the ex ante contributions for the 2023 contribution period - Article 70(2) of Regulation (EU) No 806/2014 - Action manifestly well founded - Limitation of the temporal effects of the order)

(C/2024/5812)

Language of the case: German

Parties

Applicant: Stadtsparkasse Düsseldorf (Düsseldorf, Germany) (represented by: F. Kruis and N. Bartmann, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin, C. Flynn and T. Wittenberg, acting as Agents, and by G. Coppo and K. Bongs, lawyers)

Interveners in support of the defendant: European Parliament (represented by: J. Etienne and G. Bartram, acting as Agents), Council of the European Union (represented by: J. Haunold, A. Westerhof Löfflerová and J. Bauerschmidt, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it.

Operative part of the order

1.Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund (SRF) is annulled in so far as it concerns Stadtsparkasse Düsseldorf.

2.The effects of Decision SRB/ES/2023/23, in so far as it concerns Stadtsparkasse Düsseldorf, are maintained until the SRB has taken the measures necessary to implement the present order, which must occur within a reasonable period that cannot exceed six months from the day on which the present order becomes final.

3.The SRB shall bear its own costs and pay those incurred by Stadtsparkasse Düsseldorf.

4.The European Parliament and the Council of the European Union shall bear their own costs.

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Language of the case: German.

ELI: http://data.europa.eu/eli/C/2024/5812/oj

ISSN 1977-091X (electronic edition)

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