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Case T-393/21: Judgment of the General Court of 8 May 2024 – Max Heinr. Sutor 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 2021 ex ante contributions – Obligation to state reasons – Plea of illegality – Limitation of the temporal effects of the judgment)

ECLI:EU:UNKNOWN:62021TA0393

62021TA0393

May 8, 2024
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Official Journal of the European Union

C series

C/2024/3758

(Case T-393/21)

(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 2021 ex ante contributions - Obligation to state reasons - Plea of illegality - Limitation of the temporal effects of the judgment)

(C/2024/3758)

Language of the case: German

Parties

Applicant: Max Heinr. Sutor OHG (Hamburg, Germany) (represented by: A. Glos, M. Rätz, H.-U. Klöppel and M. Meisgeier, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin, C. De Falco and T. Wittenberg, acting as Agents, and by B. Meyring, T. Klupsch and S. Ianc, lawyers)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1.Annuls Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as it concerns Max Heinr. Sutor OHG;

2.Maintains the effects of Decision SRB/ES/2021/22, in so far as it concerns Max Heinr., until the entry into force, within a reasonable period which cannot exceed six months from the date of delivery of the present judgment, of a new decision of the SRB fixing the ex ante contribution to the Single Resolution Fund of that institution for the 2021 contribution period;

3.Orders the SRB to bear its own costs and to pay those incurred by Max Heinr. Sutor OHG.

Language of the case: German.

ELI: http://data.europa.eu/eli/C/2024/3758/oj

ISSN 1977-091X (electronic edition)

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