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Case T-514/18: Action brought on 29 August 2018 — Del Valle Ruiz and Others V SRB
ECLI:EU:UNKNOWN:62018TN0514
62018TN0514
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Valentina R., lawyer
26.11.2018
EN
Official Journal of the European Union
C 427/79
(Case T-514/18)
(2018/C 427/106)
Language of the case: English
Parties
Applicants: Antonio Del Valle Ruiz (Mexico City, Mexico) and 36 others (represented by: P. Saini, QC, J. Pobjoy, Barrister and R. Boynton, Solicitor)
Defendant: Single Resolution Board (SRB)
Form of order sought
The applicants seek to:
—annul the final decision of the SRB Appeal Panel in Case 48/2017, dated 19 June 2018, insofar as the latter held that the Single Resolution Board (SRB) was entitled to rely upon (i) Article 4(1)(a), fourth indent; (ii) Article 4(2), first indent; (iii) Article 4(2), third indent; and/or (iv) Article 4(3) of Regulation No. 1049/2001 (and/or the equivalent provisions under SRB Decision SRB/ES/2017/01 of 9 February 2017 on public access to SRB documents), in order to justify non-disclosure of the documents requested by the applicants in their confirmatory application dated 23 August 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español;
—order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on six pleas in law.
1.First plea in law, alleging that the SRB Appeal Panel has infringed the fourth indent of Article 4(1)(a) of Regulation No. 1049/2001.
2.Second plea in law, alleging that the Appeal Panel has infringed the first indent of Article 4(2) of Regulation No. 1049/2001.
3.Third plea in law, alleging that the Appeal Panel has infringed Article 4(3) of Regulation No. 1049/2001.
4.Fourth plea in law, alleging that the Appeal Panel has infringed the third indent of Article 4(2) of Regulation No. 1049/2001.
5.Fifth plea in law, alleging that the Appeal Panel has infringed Article 4(6) of Regulation No. 1049/2001
6.Sixth plea in law, alleging that the Appeal Panel has infringed Article 11 of Regulation No. 1049/2001.
Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).