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Case T-398/22: Judgment of the General Court of 23 October 2024 – Deutsche Bank v SRB (Contributions ex ante 2022) (Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the Single Resolution Board (SRB) on the calculation of the ex ante contributions for the 2022 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Error of law – Limitation of the temporal effects of the judgment)
ECLI:EU:UNKNOWN:62022TA0398
62022TA0398
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Official Journal of the European Union
C series
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C/2024/7316
16.12.2024
(Case T-398/22)
(Economic and monetary union - Banking union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the Single Resolution Board (SRB) on the calculation of the ex ante contributions for the 2022 contribution period - Article 70(2) of Regulation (EU) No 806/2014 - Error of law - Limitation of the temporal effects of the judgment)
(C/2024/7316)
Language of the case: German
Parties
Applicant: Deutsche Bank AG (Frankfurt, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)
Defendant: Single Resolution Board (represented by: K.-P. Wojcik, J. Kerlin, T. Wittenberg and D. Ceran, acting as Agents, and by H.-G. Kamann and P. Gey, lawyers)
Interveners in support of the defendant: European Parliament (represented by: J. Etienne, M. Menegatti and G. Bartram, acting as Agents), Council of the European Union (represented by: J. Haunold, J. Bauerschmidt and A. Westerhof Löfflerová, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it.
Operative part of the judgment
The Court:
1.Annuls Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF) in so far as it concerns Deutsche Bank AG;
2.Maintains the effects of Decision SRB/ES/2022/18, in so far as it concerns Deutsche Bank AG, until the SRB has taken the measures necessary to implement the present judgment, which must be within a reasonable period which cannot exceed 6 months from the day on which this decision becomes final;
3.Orders the SRB to bear its own costs and to pay those incurred by Deutsche Bank AG;
4.Orders the European Parliament and the Council of the European Union to bear their own costs.
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(1) OJ C 380, 3.10.2022.
ELI: http://data.europa.eu/eli/C/2024/7316/oj
ISSN 1977-091X (electronic edition)
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