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Case T-698/16: Judgment of the General Court of 30 November 2022 — Trasta Komercbanka and Others v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the ECB — Decision to withdraw a credit institution’s authorisation — Death of an applicant — No need to adjudicate in part — Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism — Equal treatment — Proportionality — Legitimate expectations — Legal certainty — Misuse of powers — Rights of the defence — Obligation to state reasons)

ECLI:EU:UNKNOWN:62016TA0698

62016TA0698

November 30, 2022
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Official Journal of the European Union

C 35/43

(Case T-698/16) (<span class="oj-super oj-note-tag">1</span>)

(Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the ECB - Decision to withdraw a credit institution’s authorisation - Death of an applicant - No need to adjudicate in part - Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism - Equal treatment - Proportionality - Legitimate expectations - Legal certainty - Misuse of powers - Rights of the defence - Obligation to state reasons)

(2023/C 35/49)

Language of the case: English

Parties

Applicants: Trasta Komercbanka AS (Riga, Latvia), and six other applicants whose names are set out in the annex to the judgment (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: E. Koupepidou, C. Hernández Saseta and A. Witte, acting as Agents, and by B. Schneider, lawyer)

Interveners in support of the defendant: Republic of Latvia (represented by: K. Pommere and J. Davidoviča, acting as Agents), European Commission (represented by: V. Di Bucci and A. Steiblytė, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek annulment of Decision ECB/SSM/2016-529900WIP0INFDAWTJ81/2 WOANCA-2016-0005 of the ECB of 11 July 2016 withdrawing the authorisation of Trasta Komercbanka for access to the activities of a credit institution.

Operative part of the judgment

The Court:

1.Declares that there is no longer any need to adjudicate on the action in so far as it was brought by Mr Igors Buimisters;

2.Dismisses the action;

3.Orders Trasta Komercbanka AS and the other applicants whose names are included in the annex, with the exception of Mr Buimisters, to pay the costs;

4.Orders Mr Buimisters to bear his own costs;

5.Orders the European Commission and the Republic of Latvia to bear their own costs.

* * *

(<span class="oj-super">1</span>) OJ C 441, 28.11.2016.

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