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Case T-488/23: Action brought on 31 July 2023 — BHW Bausparkasse v SRB
ECLI:EU:UNKNOWN:62023TN0488
62023TN0488
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25.9.2023
EN
Official Journal of the European Union
C 338/40
(Case T-488/23)
(2023/C 338/52)
Language of the case: German
Parties
Applicant: BHW Bausparkasse (Hameln, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)
Defendant: Single Resolution Board
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Single Resolution Board of 2 May 2023 on the calculation of the 2023 ex-ante contributions to the Single Resolution Fund (SRB/ES/2023/23) together with annexes, at least in so far as the contested decision together with Annexes I, II and III concern the applicant’s contribution,
—order the SRB to pay the costs.
In the alternative, in the event that the Court takes the view that the contested decision is legally non-existent as a result of the use of the incorrect official language by the SRB and the action for annulment would therefore be inadmissible on the ground that it would be devoid of purpose, the applicant claims that the Court should:
—declare that the contested decision is legally non-existent;
—order the SRB to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law which are identical to those relied on in Case T-483/23, Deutsche Kreditbank v SRB.